Case C-200/05 P: Appeal brought on  9 May 2005  by Carlos Correia de Matos against the order of the Court of First Instance (First Chamber) of  23 February 2005  in Case T-454/04  Carlos Correia de Matos  v  Commission
Date: 2006-06-17
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, General Court (EU), appeal, judicial proceedings, legal action, rights of the defence

17.6.2006

EN

Official Journal of the European Union

C 143/21

Re:

Appeal against the Order of the Court of First Instance (Fifth
Chamber) of 6 September 2004 in Case T-213/02 SNF v
Commission, declaring inadmissible an application for the partial
annulment
Twenty-sixth Commission Directive
2002/34/EC of 15 April 2002 adapting to technical progress
Annexes II, III and VII to Council Directive 76/748/EEC on the
approximation of the laws of the Member States relating to
cosmetic products (OJ 2002 L 102, p. 19)

the

of

Operative part of the order

1. The appeal is dismissed.

2. SNF SA is ordered to pay the costs.

(1) OJ C 19, 22.1.2005.

Appeal brought on 13 January 2006 by Les Éditions
Albert René SARL against the judgment of the Court of
First Instance (Third Chamber) delivered on 27 October
2005 in Case T-336/03: Les Éditions Albert Réné SARL v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs)

(Case C-16/06 P)

(2006/C 143/38)

Language of the case: English

Parties

Appellant: Les Éditions Albert René SARL (represented by: J.
Pagenberg, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) and Orange A/S

Appeal brought on 9 May 2005 by Carlos Correia de
Matos against the order of the Court of First Instance
(First Chamber) of 23 February 2005 in Case T-454/04
Carlos Correia de Matos v Commission

Form of order sought

The applicant claims that the Court should:

(Case C-200/05 P)

(2006/C 143/37)

Language of the case: Portuguese

— annul the Judgment of the Court of First Instance of 27

October 2005 in Case T-336/03;

— annul the decision of the Board of Appeal of OHIM of 14

July 2003 in Case R 559/2002-4;

— reject

the application for

registration of MOBILIX Nr.
671396 for all the goods and services for which it has bee
applied;

Parties

— order the OHIM to pay the costs in relation to the proceed-
ings before the Court of First Instance and before the Court
of Justice.

Appellant: Carlos Correia de Matos (represented by: Carlos
Correia de Matos)

Pleas in law and main arguments

Other party to the proceedings: Commission of the European
Communities

By order of 16 March 2006 the Court of Justice held that the
appeal was inadmissible.

The Appellant claims that the Judgment of the Court of First
Instance violates Article 63 CTMR and general principles of
Community administrative and procedural
it
concluded, contrary to the contested Board decision, that the
conflicting marks, OBELIX and MOBILIX, are not similar,
thereby taking a decision to the detriment of the Appellant on
an issue that had not been properly raised, and thereby
exceeding the competence of the Court of First Instance when
reviewing decisions of OHIM Boards of Appeal in a case like
the present one.

law in that