Case T-153/03: Judgment of the Court of First Instance of 13 June 2006 — Inex SA v OHIM — Wiseman (Representation of a cowhide) (Community trade mark — Opposition proceedings — Application for a figurative mark consisting of a representation of a cowhide in black and white — Earlier national figurative trade mark comprising in part a representation of a cowhide in black and white — Distinctive character of an element of a trade mark — Absence of likelihood of confusion — Rejection of the opposition — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), milk product, trade-mark law

12.8.2006

EN

Official Journal of the European Union

C 190/17

Operative part of the judgment

The Court:

1. Sets

financial

the amount of

compensation payable by the
Commission to Ms Marie-Claude Girardot pursuant to the judg-
ment of the Court of First Instance of 31 March 2004 in Case T-
10/02 Girardot v Commission at EUR 92 785, together with
interest payable from 6 September 2004, at the rate set by the
European Central Bank for main refinancing operations, plus two
percentage points;

2. Orders the Commission to pay the costs.

(1) OJ C 68, 13.3.2002.

throughout

such safeguards equivalent
the Community (OJ,
English Special Edition 1968 (I), p. 41), and Article 47 of
Fourth Council Directive 78/660/EEC of 25 July 1978 based
on Article 54(3)(g) of the Treaty (subsequently Article 54(3)(g)
of the EC Treaty, now, after amendment, Article 44(2)(g) EC)
on the annual accounts of certain types of companies (OJ 1978
L 222, p. 11) and, second, for a declaration that the aforemen-
tioned provisions are invalid.

Operative part of the order:

The Court hereby:

1. Dismisses the action;

2. Orders the applicants to bear their own costs and to pay the

Council's costs.

(1) OJ C 109, 4.5.2002.

Order of the Court of First Instance of 21 June 2006 —
Danzer v Council

(Case T-47/02) (1)

(Company law — Directives 68/151/EEC and 78/660/EEC —
Disclosure of annual accounts — Protection of business
secrets — Breach of fundamental rights — Legal basis —
Action for damages — Inadmissibility)

Judgment of the Court of First Instance of 13 June 2006 —
Inex SA v OHIM — Wiseman (Representation of a
cowhide)

(2006/C 190/28)

Language of the case: German

Parties

Applicants: Manfred Danzer and Hannelore Danzer
(Linz,
Austria) (represented by: initially by J. Hintermayr, M. Krüger,
F. Haunschmidt, G. Minichmayr and P. Burgstaller, and subse-
quently by J. Hintermayr, F. Haunschmidt, G. Minichmayr, P.
Burgstaller, G. Tusek, T. Riedler and C. Hadeyer, lawyers)

Defendants: Council of the European Union (represented by: M.
Giorgi Fort and M. Bauer, Agents)

(Case T-153/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative mark consisting of a representation of
a cowhide in black and white — Earlier national figurative
trade mark comprising in part a representation of a cowhide
in black and white — Distinctive character of an element of
a trade mark — Absence of likelihood of confusion — Rejec-
tion of the opposition — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2006/C 190/29)

Language of the case: English

Parties

Re:

Application, first, for compensation under Article 288 EC in
respect of damage allegedly suffered by the applicants due to
the obligation to disclose certain information in the annual
accounts of the companies of which they are managers under
Article 2(1)(f) of First Council Directive 68/151/EEC of 9
March 1968 on coordination of safeguards which,
for the
protection of the interests of members and others, are required
by Member States of companies within the meaning of the
second paragraph of Article 58 of the Treaty (subsequently the
second paragraph of Article 58 of the EC Treaty, now the
second paragraph of Article 48 EC), with a view to making

Applicant: Inex SA (Bavegem, Belgium) (represented by: T. van
Innis, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: initially, U. Pfleghar
and G. Schneider, and subsequently, G. Schneider and A.
Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Robert Wiseman &
Sons Ltd (Glasgow, United Kingdom)
(represented by: A.
Roughton, Barrister)

C 190/18

EN

Official Journal of the European Union

12.8.2006

Re:

Operative part of the judgment

Action brought against the decision of the Second Board of
Appeal of OHIM of 4 February 2003 (Case R 106/2001-2),
relating to opposition proceedings between Inex SA and Robert
Wiseman & Sons Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

The Court:

1. Annuls the decision of the selection committee, contained in the
letter of 21 January 2003 notified to the applicant, not to enter
his name on the reserve list resulting from selection procedure
COM/R/01/1999;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

2. Orders the applicant to pay the costs.

(1) OJ C 171, 19.7.2003.

(1) OJ C 171, 19.7.2003.

Judgment of the Court of First Instance of 13 June 2006 —
Atlantean Ltd v Commission

Judgment of the Court of First Instance of 8 June 2006 —
Pérez-Díaz v Commission

(Case T-192/03) (1)

(Case T-156/03) (1)

(Officials — Annulment of the refusal to enter a candidate
on the reserve list of temporary staff — Candidate's submis-
sion to a new oral test held in order to comply with the judg-
ment annulling the refusal — Second refusal of entry —
Action for annulment — Action for damages)

(2006/C 190/30)

Language of the case: French

Parties

Applicant: Orlando Pérez-Diaz (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart and H. Tserepa-Lacombe,
agents)

(Fishing — Multiannual guidance programmes — Request to
the objectives on safety grounds — Decision
increase
97/413/EC — Refusal of the Commission — Action for
annulment — Admissibility — Competence of the Commis-
sion)

(2006/C 190/31)

Language of the case: English

Parties

Applicant: Atlantean Ltd (Killybegs, (Ireland)) (represented by:
initially G. Hogan SC, E. Regan SC and A. Hussey, Solicitor,
then G. Hogan SC, E. Regan SC and M. Fraser, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: G. Braun and B. Doherty, Agents)

Intervener in support of the applicant: Ireland [represented by: D.
O'Hagan and C. O'Toole, Agents, and by D. Conlan Smyth,
Barrister]

Re:

Re:

First, an action for annulment of the refusal by the committee
responsible for selection procedure COM/R/A/01/1999 to enter
the applicant's name on the reserve list of temporary staff
following a new oral test held in order to comply with the
judgment of the Court of First Instance of 24 September 2002
in Case T-102/01 Pérez-Díaz v Commission (ECR-SC I-A-165
and II-871), and, second, a claim for compensation for the
damage supposedly caused by the unlawfulness of that refusal.

Annulment of Commission Decision 2003/245/EC of 4 April
2003 on the requests received by the Commission to increase
MAGP IV objectives to take into account improvements on
safety, navigation at sea, hygiene, product quality and working
conditions for vessels of more than 12 m in length overall (OJ
2003 L 90, p. 48), in so far as that decision rejects the request
to increase the capacity of the vessel Atlantean