Case T-398/05 R: Order of the President of the Court of First Instance of  4 April 2006  — Tesoka v EUROFOUND (Proceedings for interim relief — No need to adjudicate)
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: Eurofound, European official, action by staff, dismissal, indemnification, personnel administration, regulations for civil servants

C 131/40

EN

Official Journal of the European Union

3.6.2006

Judgment of the Court of First Instance of 5 April 2006 —
Kachakil Amar v OHIM

(Case T-388/04) (1)

(Community trade mark — Figurative mark in the form of a
longitudinal line ending with a triangle — Refusal to register
— Lack of distinctive character — Acquisition of a distinc-
tive character through use)

(2006/C 131/74)

Language of the case: Spanish

Parties

Applicant: Habib Kachakil Amar (Valencia, Spain) (represented
by: J. C. Heder, lawyer)

The Kurdish Human Rights Project (London, United Kingdom)
(represented initially by P. Moser, barrister, and A. Stock,
lawyer, then by Mr Moser and H. Miller, solicitor)

Defendant: Commission of the European Communities (repre-
sented by: G. Boudot and M. Wilderspin, agents)

Re:

Application for the annulment of the Commission's Regular
Report of 5 November 2003 concerning Turkey's progress
towards accession, in so far as it contains a Commission deci-
sion refusing to make a recommendation to the Council
concerning pre-accession aid granted to Turkey and,
in the
alternative, for a finding of failure to act in that connection
and, in any event, for an injunction in that regard

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Mondéjar, agent)

Operative part of the order

Re:

Action brought against
the First Board of
Appeal of OHIM of 20 July 2004 (R 175/2004-1) which
refused to register the figurative mark ‘Longitudinal line ending
with a triangle’ as a Community trade mark

the decision of

1. The action is dismissed as inadmissible;

2. Cemender Korkmaz, Corner House Research and the Kurdish

Human Rights Project are ordered to pay the costs.

(1) OJ C 71, 20.3.2004

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Order of the President of the Court of First Instance of 4
April 2006 — Tesoka v EUROFOUND

(1) OJ C 284 of 20.11.2004.

(Case T-398/05 R)

(Proceedings for interim relief — No need to adjudicate)

(2006/C 131/76)

Language of the case: French

Order of the Court of First Instance of 30 March 2006 —
Korkmas and others v Commission

(Case T-2/04) (1)

Parties

(Admissibility — Application for annulment — Act against
which proceedings can be brought — Implied Commission
decision refusing to make a proposal to the Council —
Action for failure to act — Omission against which proceed-
ings can be brought — Failure to address a proposal to the
Council — Discretion — Injunction)

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)
(represented by: C.
Callanan, lawyer)

(2006/C 131/75)

Language of the case: English

Re:

Parties

Applicants: Cemender Korkmas (Flers, France), Corner House
Research (Sturminster Newton, Dorset, United Kingdom) and

Application for
interim measures, essentially seeking that
EUROFOUND be ordered, first, to make an interim payment to
the applicant and, second, to return to the applicant the docu-
ments necessary to enable her to obtain unemployment bene-
fits in her country of residence.

3.6.2006

EN

Official Journal of the European Union

C 131/41

Operative part of the order

1. There is no need to adjudicate on the application for interim

measures.

2. In the interlocutory proceedings, the defendant shall bear her own

costs and pay half the costs incurred by the applicant.

Pleas in law: Infringement of Articles 8(5) and 43(3) of Council
Regulation No 40/94. The applicant pleads
that genuine
commercial use of
the mark cited in opposition was not
proved, while he also contests the Board of Appeal's assessment
that the mark cited in opposition has a reputation.

Action brought on 8 March 2006 — General Química and
Others v Commission of the European Communities

Action brought on 11 January 2006 — Dimitrios Gramma-
tikopoulos v OHIM

(Case T-20/06)

(2006/C 131/77)

Language in which the application was lodged: Greek

(Case T-85/06)

(2006/C 131/78)

Language of the case: Spanish

Parties

Parties

Applicant: Dimitrios Grammatikopoulos
Konstantinos Taoulas, lawyer)

(represented

by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Applicants: General Química S.A.
(Lantarón, Álava, Spain),
Repsol Química S.A. and Repsol YPF S.A. (Madrid) (represented
by: J.M. Jiménez Laiglesia and J. Jiménez Laiglesia, lawyers)

Defendant: Commission of the European Communities

Other party to the proceedings before the Board of Appeal of OHIM:
National Academy of Recording Arts and Sciences (Santa
Monica, USA)

Form of order sought

Form of order sought

— Annul and set aside the decision of 18 August 2005 of the
Fourth Board of Appeal of OHIM in Case R 1062/2000-4
and grant the applicant's application for registration of the
word mark GRAMMY as a Community mark outright, as
filed, or — in the alternative — in amended form as
suggested in the present application to the Court.

Pleas in law and main arguments

Applicant for a Community trade mark: Dimitrios Grammati-
kopoulos.

— Annul Articles 1(g), 1(h) and 2(d) of the decision in so far
as it declares Repson Química and Repsol YPF to be jointly
and severally liable for an infringement of Article 81(1) EC;

alternatively, annul the declaration of joint and several liabi-
lity in respect of Repsol YPF;

— annul Article 2(d) of the decision in so far as it fixes the

amount of the fine at EUR 3.38 million;

alternatively, reduce the amount of the fine in an appro-
priate manner;

— order the European Commission to pay the costs.

Community trade mark concerned: Word mark GRAMMY for
goods in Classes 25 and 28 — Application No 19315.

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceed-
ings: National Academy of Recording Arts and Sciences.

Mark or sign cited in opposition: National mark GRAMMY for
goods in Classes 9, 35, 41 and 42.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Appeal upheld. Application for
registration rejected.

The action is brought against Commission Decision C(2005)
5592 final of 21 December 2005 in Case COMP/F/38.443 —
Chemicals for the rubber industry. In the contested decision the
Commission declared that the applicant, among other under-
takings, had infringed Article 81(1) EC and Article 53 of the
EEA Agreement by participating, between 1999-2000,
in a
cartel and concerted practices consisting in price-fixing and the
exchange of confidential information in the rubber chemicals
sector in the EEA.
those infringements the
Commission imposed a fine jointly and severally on the appli-
cants.

In respect of