Joined Cases T-350/04 to T-352/04: Judgment of the Court of First Instance of 19 October 2006 — Bitburger Brauerei v OHIM — Anheuser-Busch (BUD, American Bud and Anheuser Busch Bud) (Community trade mark — Opposition proceedings — Application for registration of the Community word mark BUD — Applications for registration of the Community figurative marks American Bud and Anheuser Busch Bud — Earlier national word and figurative marks including the term bit — Article 8(1)(b) of Regulation No 40/94)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, United States, action for annulment (EU), beer, beverage industry, trade-mark law

C 310/14

EN

Official Journal of the European Union

16.12.2006

— so far as necessary, of the Appointing Authority's decision
of 15 June 2004 rejecting his complaint brought on 12
February 2004.

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Bitburger Brauerei Th. Simon GmbH to pay the costs

1. Annuls the Commission's decisions setting the applicant's total
promotion points at 20 and refusing to include his name on the
list of officials promoted to Grade A4 under the 2003 promotion
procedure;

(1) OJ C 19,22.1.2005.

2. Dismisses the action as to the remainder;

3. Orders the Commission to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance 17 October 2006
— Bonnet v Court of Justice

(Case T-406/04) (1)

(Officials — Recruitment — Member of the temporary staff
— Reader of judgments — Article 2(c) of the Conditions of
Employment of Other Servants — Measure adversely
affecting an official — Relationship of trust)

(2006/C 310/27)

Language of the case: French

Parties

Applicant: André Bonnet (Saint-Pierre-de-Vassols, France) (repre-
sented by: H. de Lepinau, lawyer)

Defendant: Court of
(represented by: M. Schauss, Agent)

Justice of

the European Communities

Re:

the Court of

First, application for annulment of
Justice's
measures of 11 February and 4 March 2004 ending, as regards
the applicant, the procedure for recruitment to the post of
reader of judgments at the Chambers of the President of the
Court and of the decision making an appointment to the post
at issue, and, secondly, an application for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court of First Instance of 19 October
2006 — Bitburger Brauerei v OHIM — Anheuser-Busch
(BUD, American Bud and Anheuser Busch Bud)

(Joined Cases T-350/04 to T-352/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for registration of the Community word mark BUD —
Applications for registration of the Community figurative
marks American Bud and Anheuser Busch Bud — Earlier
national word and figurative marks including the term ‘bit’
— Article 8(1)(b) of Regulation No 40/94)

(2006/C 310/26)

Language of the case: English

Parties

Applicant: Bitburger Brauerei Th. Simon GmbH (Bitburg
Germany) (represented by M. Huth-Dierig, lawyer,)

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

Other party/ to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Anheuser-Busch, Inc.,
(Saint Louis, Missouri, United States (represented by: A. Renck,
V. von Bomhard, A. Pohlmann, D. Ohlgart and B. Goebel,
lawyers,)

Re:

Three applications brought against the decision of the Second
Board of Appeal of OHIM of 22 June 2004 in cases
R447/2002-2, R451/2002-2 and R453/2002-2, concerning
opposition proceedings between Bitburger Brauerei Th. Simon
and Anheuser-Busch, Inc.