Case T-132/06: Action brought on  12 May 2006  — Gorostiaga Atxalandabaso v Parliament
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), parliamentary allowance, power of assessment

C 165/28

EN

Official Journal of the European Union

15.7.2006

Action brought on 4 May 2006 — Sonia Rykiel Création
et Diffusion de Modèles v OHIM — Cuadrado (SONIA
SONIA RYKIEL)

Action brought on 12 May 2006 — Gorostiaga Atxalanda-
baso v Parliament

(Case T-131/06)

(2006/C 165/55)

(Case T-132/06)

(2006/C 165/56)

Language in which the application was lodged: English

Language of the case: French

Parties

Applicant: Sonia Rykiel Création et Diffusion de Modèles (Paris,
France) (represented by: E. Baud, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cuadrado
S.A. (Paterna, Spain)

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office of Harmonization in the Internal Market
(Trade
Marks and Designs) of 30 January 2006 in Case R 329/
2005-1;

— Order that the costs of the proceedings be borne by the

defendant and, if appropriate, the intervener.

Pleas in law and main arguments

Applicant for the Community trade mark: Sonia Rykiel Création et
Diffusion de Modèles.

Community trade mark concerned: The figurative mark ‘SONIA
SONIA RYKIEL’ for goods in classes 3, 9, 14, 18 and 25 (Com-
munity trade mark application No 1035625)

Proprietor of the mark or sign cited in the opposition proceedings:
Cuadrado, S.A.

Mark or sign cited: The national trade marks ‘SONIA’ for goods
in classes 24 and 25.

Decision of the Opposition Division: Rejection of the opposition
with respect to the goods covered in class 25.

Decision of the Board of Appeal: Annulment of the decision of
the Opposition Division and rejection of the mark applied for,
for all goods covered by it in class 25.

Pleas in law: Infringement of Article 43(3) of Regulation No
40/94 and of Article 8(1)(b) of Regulation No 40/94.

Parties

Applicant: Koldo Gorostiaga Atxalandabaso (Saint Pierre-d'Irube,
France) (represented by: D. Rouget, lawyer)

Defendant: European Parliament

Form of order sought

— annul the contested decision of the Secretary-General of 22

March 2006;

— order the defendant to bear its own costs and pay those of

the applicant.

Pleas in law and main arguments

On 22 December 2005, in an action brought by the applicant,
a former Member of the European Parliament, the Court of
First Instance of the European Communities gave a judgment
(Case T-146/04 Koldo Gorostiaga Atxalandabaso v Parliament (1))
in which it annulled, on the ground of procedural irregularity,
the decision of the Secretary-General of the European Parlia-
ment of 24 February 2004 concerning the recovery of sums
paid to the applicant as parliamentary expenses and allowances
in so far as it provided that the sum owed by the applicant
would be recovered by offsetting. The remainder of the applica-
tion was dismissed. Following that judgment, the Secretary-
General of the Parliament adopted a new decision on 22 March
2006 for recovery of the sums paid to the applicant by offset-
ting. That is the contested decision.

In support of his action for annulment, the applicant submits
first an argument relating to infringement of res judicata in so
far as the procedure for adopting the contested decision is not,
in his opinion, in accordance with the Court of First Instance's
judgment of 22 December 2005. The second argument relates
to alleged infringement of the Rules governing the payment of
expenses and allowances to Members of the European Parlia-
ment, in particular Article 27(3) and (4) thereof. Furthermore,
the applicant submits that there is force majeure in that it is
impossible for him to gain access to his accounts and the
authorities of one of the Member States refuse to return to him
a sum attached during other proceedings. The applicant also
submits infringement of essential procedural requirements in so

15.7.2006

EN

Official Journal of the European Union

C 165/29

equality

far as the consultation procedures were not followed correctly
in taking the contested decision. The applicant claims that the
contested decision infringes the principles of objectivity, impar-
In addition, he
and non-discrimination.
tiality,
advances arguments relating to infringement of the obligation
to state reasons and failure to comply with the rules relating to
the notification of decisions by institutions in breach of the
Code of Good Administrative Behaviour. Lastly, in support of
the applicant submits an argument relating to
his action,
misuse of powers and errors of appreciation of the facts.

(1) Not yet published in the ECR

Action brought on 11 May 2006 — Xentral v OHIM —
Pages Jaunes (Word mark ‘PAGESJAUNES.COM’)

(Case T -134/06)

(2006/C 165/57)

Decision of the Opposition Division: Opposition upheld for all the
goods disputed

Decision of the Board of Appeal: Appeal rejected

Pleas in law: The applicant relies on its previous right to the
domain name ‘PAGESJAUNES.COM’ which,
is
enforceable against the opposing party's trade mark and busi-
ness name.

in its view,

It also relies on an infringement of Article 7(1)(c) and (d) of
Council Regulation 40/94, in that the opposing party's trade
mark is customary and has very little distinctive character.

It claims that its trade mark, in respect of which registration
was sought, does not compromise the business name or
commercial name of the opposing party.

The applicant also disputes the renown of the opposing party's
trade mark.

Language in which the application was lodged: French

Action brought on 5 May 2006 — Al-Faqih v Council

Parties

Applicant: Xentral LLC (Miami, United States of America) (repre-
sented by: A. Bertrand, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pages
Jaunes SA (Sèvres, France)

Form of order sought

The applicant asks the Court to:

— set aside Decision R 708/2005-1 dated 15 February 2006;

— uphold the Community trade mark ‘PAGESJAUNES.COM’

— declare that all costs are the responsibility of the Board of

Appeal of OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: Xentral LLC

(Case T-135/06)

(2006/C 165/58)

Language of the case: English

Parties

Applicant: Al-Bashir Mohammed Al-Faqih (Birmingham, United
Kingdom)
(represented by: N. Garcia, Solicitor, S. Cox,
Barrister)

Defendant: Council of the European Union

Form of order sought

— Annulment of Article 2 of Council Regulation (EC) No
881/2002 of 27 May 2002 as amended by Council Regu-
lation (EC) 561/2003 of 27 March 2003 and Commission
Regulation (EC) No 246/2006 of 10 February 2006 and of
the reference to the applicant in Annex I;

— order the Council to pay the costs.

Community
NES.COM’ for goods in Class 16 (application no 1 880 871)

trade mark concerned: Word mark ‘PAGESJAU-

Pleas in law and main arguments

Proprietor of the mark or sign cited in the opposition proceedings:
Pages Jaunes SA

Mark or sign cited in opposition: National word mark ‘LESPAGES-
JAUNES’ for goods in Class 16, the business name and the
commercial name ‘PAGES JAUNES’

The applicant
is a Libyan citizen residing in the United
Kingdom. He seeks the annulment of among others Regulation
No 246/2006 (1) by which his name was added to the list of
persons, groups and entities associated with Usama bin Laden,
the Al-Qaida network and the Taliban, to whom a freeze of
funds and other financial resources apply pursuant to Article 2
of Regulation No 881/2002 (2).