Case T-310/03: Order of the Court of First Instance of  25 April 2006  — Kreuzer Medien v Parliament and Council (Action for annulment — Directive 2003/33/EC — Natural or legal persons — Standing to bring proceedings — Inadmissibility)
Date: 2006-07-01
Institutions: Court of First Instance
Subjects: Council of the European Union, General Court (EU), action for annulment (EU), advertising, sponsorship, tobacco

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.

1.7.2006

EN

Official Journal of the European Union

C 154/17

5. Falstaff Verlags-Gesellschaft mbH shall bear

its own costs,
including those relating to the application for interim measures
before the Court of First Instance.

Order of the President of the Court of First Instance of 25
April 2006 — Componenta v Commission

(Case T-455/05 R)

(1) OJ C 289, 29.11.2003.

(Interim measures — Application for suspension of operation
— State aid — Urgency)

(2006/C 154/45)

Language of the case: Finnish

Order of the Court of First Instance of 28 March 2006 —
Mediocurso v Commission

Parties

(Case T-451/04) (1)

Applicant: Componenta Oyj (Helsinki, Finland) (represented by:
M. Savola, lawyer)

(Action for failure to act — Compliance with a judgment of
the Court of Justice — Adoption of implementing measures
during the proceedings — No need to adjudicate)

(2006/C 154/44)

Defendant: Commission of the European Communities (repre-
sented by: C. Giolito and M. Huttunen, Agents)

Intervener in support of the applicant: Republic of Finland (repre-
sented by: E. Bygglin, Agent)

Language of the case: Portuguese

Re:

Parties

Application for suspension of operation of Commission Deci-
sion C(2005) 3871 final of 20 October 2005 on State aid C 37/
2004 (ex NN 51/2004) granted by the Republic of Finland to
Componenta Ojy

Applicant: Mediocurso — Estabelecimento de Ensino Particular,
Lda (Lisbon, Portugal) (represented by: C. Botelho Moniz and E.
Maia Cadete, lawyers)

Operative part of the order

1. The application for interim measures is dismissed.

Defendant: Commission of the European Communities (repre-
sented by: P. Andrade and A. Weimar, Agents)

2. The costs are reserved.

Re:

Action for failure to act seeking a declaration that the Commis-
sion unlawfully failed to adopt the measures needed to comply
with the judgment in Case C-462/98 P Mediocurso v Commission
[2000] ECR I-7183

Action brought on 13 April 2006 — Oakley v OHIM

(Case T-116/06)

(2006/C 154/46)

Operative part of the order

Language in which the application was lodged: English

1. There is no longer any need to adjudicate on the present action.

Parties

2. The Commission shall bear its own costs and pay those incurred
by Mediocurso — Estabelecimento de Ensino Particular, Lda.

(1) OJ C 19, 22.1.05.

Applicant: Oakley, Inc. (Foothill Ranch, USA) (represented by:
Michaela Huth-Dierig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Venti-
cinque Ltd (Hailsham, United Kingdom)