Case T-488/04: Order of the Court of First Instance of 19 May 2006 — Falcon Sporting Goods v OHIM (BIN LADIN) (Community trade mark — Refusal of registration — Withdrawal of the application for registration — No need to adjudicate)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), public morality, sports equipment, trade-mark law

12.8.2006

EN

Official Journal of the European Union

C 190/21

Order of the Court of First Instance of 9 June 2006 —
Achaiber Sing v Commission

Order of the Court of First Instance of 19 May 2006 —
Falcon Sporting Goods v OHIM (BIN LADIN)

(Case T-4/04) (1)

liability of

the Community — Animal
(Non-contractual
health — Requirements for the import of birds — Agreement
on the application of health and phyto-sanitary measures —
inadmissibility —
Compensation for damage — Partial

Action manifestly lacking any foundation in law)

(Case T-487/04) (1)

(Community trade mark — Refusal of registration — With-
drawal of the application for registration — No need to adju-
dicate)

(2006/C 190/37)

Language of the case: French

(2006/C 190/36)

Parties

Language of the case: Dutch

Applicant: Falcon Sporting Goods AG (Zug, Switzerland) (repre-
sented by: J. Weigell, lawyer)

Defendant: Office for Harmonisation in the Internal market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Parties

Re:

Applicant: R.K. Achaiber Sing (Leiden, Netherlands) (represented
by: J. Wilgers and J. van Duin, lawyers)

Action against the decision of the Second Board of Appeal of
OHIM of 29 September 2004 (Case R 176/2004-2) concerning
the refusal to register the word mark ‘BIN LADIN’

Defendant: Commission of the European Communities (repre-
sented by: P. Kuijper, T. van Rijn and M. van Heezik, Agents)

1. There is no further need to adjudicate on the action.

Operative part of the order

2. The applicant shall pay the costs.

Re:

(1) OJ C 57, 5.3.2005.

Compensation for the damage allegedly suffered by the appli-
cant owing to the application of Commission Decision
2000/666/EC of 16 October 2000 laying down the animal
health requirements and the veterinary certification for the
import of birds, other than poultry and the conditions for quar-
antine (OJ 2000 L 278, p. 26)

Operative part of the order

1. The action is dismissed.

Order of the Court of First Instance of 19 May 2006 —
Falcon Sporting Goods v OHIM (BIN LADIN)

(Case T-488/04) (1)

(Community trade mark — Refusal of registration — With-
drawal of the application for registration — No need to adju-
dicate)

(2006/C 190/38)

Language of the case: French

2. The applicant shall pay the costs incurred by the Commission,

including those relating to the plea of inadmissibility

Parties

(1) OJ C 59, 6.3.2004.

Applicant: Falcon Sporting Goods AG (Zug, Switzerland) (repre-
sented by: J. Weigell, lawyer)

Defendant: Office for Harmonisation in the Internal market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

C 190/22

EN

Official Journal of the European Union

12.8.2006

Re:

Pleas in law and main arguments

Action against the decision of the Second Board of Appeal of
OHIM of 29 September 2004 (Case R 176/2004-2) concerning
the refusal to register the word mark ‘BIN LADIN’

Operative part of the order

1. There is no further need to adjudicate on the action.

2. The applicant shall pay the costs.

(1) OJ C 57, 5.3.2005.

The applicant states that, following his own guarantee, the five
letters of guarantee were issued by TSMEDE for the companies
‘Impetus EPE’ and ‘Impetus AEVE’, on which he is President and
Managing Director. Those letters of guarantee were lodged by
the above companies with the Commission in connection with
contracts which they had entered into with the Commission.
The applicant maintains that the Commission unlawfully and
culpably refused to return those letters of guarantee, although
it had no reason to retain them. He considers that that unlawful
and culpable conduct of the Commission's bodies justifies this
application, since he himself is required to pay TSMEDE the
amounts in respect of which those letters were issued.

Action brought on 5 April 2006 — INET ELLAS — ELEK-
TRONIKI IPIRESIA PLIROFORION E.P.E. v Commission
of the European Communities

Action brought on 21 March 2006 — Nikolaos Theofilo-
poulos v Commission of the European Communities

(Case T-91/06)

(2006/C 190/39)

Language of the case: Greek

Parties

(Case T-107/06)

(2006/C 190/40)

Language of the case: Greek

Parties

Applicant:
FORION E.P.E.
poulos, lawyer)

INET HELLAS — ELEKTRONIKI

IPIRESIA PLIRO-
(represented by: B. Khatzo-

(Athens, Greece)

Applicant: Nikolaos Theofilopoulos (Athens, Greece)
sented by: P. Miliarakis, lawyer)

(repre-

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

The Court is asked to:

— order the Commission to return letters of guarantee Nos
81928/6.12.1995, 819837/6.12.1995, 819838/6.12.1995,
822611/22.12.1995 and 830671/17.3.1996 of the Tamio
Sintaxion Mikhanikon and Ergolipton Dimosion Ergon
(TSMEDE);

— order the Commission to pay EUR 202 697,72 or, in the
alternative, EUR 199 219,69 in respect of material damage
arising up to February 2006;

— order the Commission to pay EUR 100 000 in respect of

non-material damage;

— order the Commission to pay the costs.

Form of order sought

The Court is asked to:

— annul European Commission document No. INFSO/A3/VS

D(2006)703641/31.1.2006;

— order the defendant to pay the costs.

Pleas in law and main arguments

that

the contested document

The applicant maintains
is
unlawful because it wrongly assumes that registration of the
domain name co.eu. on the Web is prohibited by the rules of
Community law. In fact, however, no Community provision
prohibits registration of
the domain name co.eu. To the
contrary, Regulation No 40/94 requires its registration.