Case T-133/05: Judgment of the Court of First Instance of 7 September 2006 — Meric v OHIM — Arbora & Ausonia (PAM-PIM'S BABY-PROP) (Community trade mark — Opposition proceedings — Earlier national figurative and word marks PAM-PAM — Application for Community word mark PAM-PIM'S BABY-PROP — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pulp and paper industry, toiletries, trade-mark law

18.11.2006

EN

Official Journal of the European Union

C 281/35

Judgment of the Court of First Instance of 7 September
2006 — Meric v OHIM — Arbora & Ausonia (PAM-PIM'S
BABY-PROP)

Order of the Court of First Instance of 6 September 2006
— Bayer CropScience and Others v Commission

(Case T-133/05) (1)

(Case T-34/05) (1)

(Community trade mark — Opposition proceedings —
Earlier national figurative and word marks PAM-PAM —
Application for Community word mark PAM-PIM'S BABY-
PROP — Relative ground for refusal — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2006/C 281/60)

Language of the case: French

(Plant protection products — Active substance endosulfan —
Reexamination of authorisation for placing products on the
market — Action for failure to act — No need to adjudicate)

(2006/C 281/61)

Language of the case: English

Parties

Applicant: Gérard Meric
P. Murzeau, lawyer)

(Paris,

France)

(represented by:

Parties

Applicants: Bayer CropScience AG (Monheim, Germany), Makh-
teshim-Agan Holding BV (Amsterdam, Netherlands), Alfa Geor-
gika Efodia AEVE (Athens, Greece) and Aragonesas Agro, SA
(Madrid, Spain)
(represented by: C. Mereu and K. Van
Maldegem, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty, Agent)

Other party to the proceedings before the Board of Appeal of OHIM:
Arbora & Ausonia, SL (Barcelona, Spain)

Intervener in support of the applicants: European Crop Protection
Association (ECPA)
(represented by: D.
(Brussels, Belgium)
Waelbroeck, U. Zinsmeister and N. Rampal, lawyers)

Re:

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: J. Rodríguez Cárcamo, lawyer)

the decision of

Action brought against
the First Board of
Appeal of OHIM of 17 January 2005 in Case R 250/2004-1,
regarding the opposition of the proprietor of the national word
and figurative marks PAM-PAM to the registration of the word
mark PAM-PIM'S BABY-PROP (opposition proceedings No B
505 067).

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Action for failure to act seeking a declaration that the Commis-
sion unlawfully failed to review the data submitted by the
applicants in the course of the procedure for review of the
authorisation to place the active substance endosulfan on the
market, laid down by Council Directive 91/414/EEC of 15 July
1991 concerning the placing of plant protection products on
the market (OJ 1991 L 230, p. 1).

Operative part of the order

2. Orders the applicant to pay the costs.

1. There is no need to adjudicate on the present application.

(1) OJ C 143, 11.6.2005.

2. The Commission and the applicants shall bear their own costs.

3. With regard to costs incurred in connection with the application
for interim measures, the Commission and the applicants shall to
bear their own costs.