Case T-439/04: Judgment of the Court of First Instance of  3 May 2006  — Eurohypo v OHIM (EUROHYPO) (Community trade mark — Word mark EUROHYPO — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Article 74(1) of Regulation No 40/94 — Admissibility of facts submitted for the first time before the Court of First Instance)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), bank, financial institution, trade-mark law

C 154/16

EN

Official Journal of the European Union

1.7.2006

Judgment of the Court of First Instance of 3 May 2006 —
Eurohypo v OHIM (EUROHYPO)

Order of the Court of First Instance of 25 April 2006 —
Kreuzer Medien v Parliament and Council

(Case T-439/04) (1)

(Case T-310/03) (1)

(Community trade mark — Word mark EUROHYPO —
Absolute grounds for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94 — Examination of the facts by the Board of
Appeal of its own motion — Article 74(1) of Regulation
No 40/94 — Admissibility of facts submitted for the first
time before the Court of First Instance)

(Action for annulment — Directive 2003/33/EC — Natural
or legal persons — Standing to bring proceedings — Inad-
missibility)

(2006/C 154/43)

Language of the case: German

(2006/C 154/42)

Language of the case: German

Parties

Parties

Applicant: Eurohypo AG (Eschborn, Germany) (represented by:
M.Kloth and C.Rohnke, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. von Mühlendahl
and J. Weberndörfer, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 6 August 2004 (Case R 829/2002-4)
concerning the registration of the word mark EUROHYPO as a
Community trade mark.

Operative part of the judgment

The Court:

Applicant: Kreuzer Medien GmbH (Leipzig, Germany)
(repre-
sented: initially by U. Kornmeier and D. Valbert, and subse-
quently by M. Lenz, lawyers)

Defendants: European Parliament (represented by: E. Waldherr
and U. Rösslein, Agents) and Council of the European Union
(represented by: E. Karlsson, Agent)

Intervener in support of the applicant: Falstaff Verlags-Gesellschaft
mbH (Klosterneuburg, Austria) (represented by: W.-G. Schärf,
lawyer)

Interveners in support of the defendants: Commission of the Euro-
pean Communities (represented by: M.-J. Jonczy, L. Pignataro-
Nolin and F. Hoffmeister, Agents), Kingdom of Spain (repre-
sented by: L. Fraguas Gadea, Agent) and Republic of Finland (A.
Guimaraes-Purokoski, T. Pynnä and E. Bygglin, Agents)

Re:

Application for annulment of the wording of Article 3(1) of
Directive 2003/33/EC of the European Parliament and of the
Council of 26 May 2003 on the approximation of the laws,
regulations and administrative provisions of the Member States
relating to the advertising and sponsorship of tobacco products
(OJ 2003 L 152, p. 16)

Operative part of the order

1. Dismisses the action.

1. The action is dismissed as inadmissible.

2. Orders the applicant to pay the costs.

2. The applicant shall bear its own costs and pay those incurred by

the Parliament and the Council.

(1) OJ C 45, 19.2.2005

3. The Kingdom of Spain and the Commission shall bear their own
interim
including those relating to the application for

costs,
measures before the Court of First Instance.

4. The Republic of Finland shall bear its own costs.