Case T-147/06: Action brought on  19 May 2006  — En Route International Limited v OHIM
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, food industry, trade-mark law

29.7.2006

EN

Official Journal of the European Union

C 178/35

Second, the applicant invokes a breach of the agreement on
implementation of Article VI of GATT 1994 (2). According to
the applicant, its export price is not unreliable in the meaning
of Articles 2.1 and 2.3 of that agreement. In addition, the appli-
cant submits that the methodology used is incompatible with
Articles 2.1, 2.3 and 11 of
the agreement. The applicant
submits finally that Articles 2.1 and 2.3 of the agreement apply
equally to reviews carried out pursuant to Article 11 of the
agreement, such as the partial interim review at hand.

Finally, the applicant invokes a lack of legal basis for the meth-
odology applied to determine the applicant's export price to
the Community and a breach of the principle of legal certainty
by making it impossible for exporting producers to determine
their behaviour in the context of a price undertaking.

(1) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ L 56, 1996, p. 1).

(2) Agreement on Implementation of Article VI of the General Agree-
- anti-

ment on Tariffs and Trade 1994 (WTO-GATT 1994)
dumping agreement (OJ L 336, 1994 , p. 103).

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'FRESHHH' for
goods in Classes 29, 30 and 32 (Application No 3 198 165).

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: The mark applied for is registrable; no grounds for
refusal under Article 7(1)(b) and (c) or Article 7(2) of Regu-
lation (EC) No 40/94 (1) stand in the way of its registration.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, 1994, p. 1).

Action brought on 19 May 2006 — En Route International
Limited v OHIM

Action brought on 17 May 2006 — Castellani v OHIM —
Markant Handels und Service (CASTELLANI)

(Case T-147/06)

(2006/C 178/64)

Language of the case: German

(Case T-149/06)

(2006/C 178/65)

Language in which the application was lodged: English

Parties

Parties

Applicant: Castellani SpA (Pontedera, Italy) (represented by: A.
Di Maso, M. R. Di Maso, lawyers)

Applicant: En Route International Limited (Berkshire, United
Kingdom) (represented by: W. W. Göpfert, lawyer)

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

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

Other party to the proceedings before the Board of Appeal: Markant
Handels und Service GmbH (Offemburg, Germany)

Form of order sought

The applicant claims that the Court should:

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 22 February 2006 in Case R
449/2005-1;

— annul the decision of the Fourth Board of Appeal of 7

March 2006 in Case R 352/2005-4;

— order OHIM to pay the costs.