Case T-366/05: Order of the Court of First Instance of 15 November 2006 — Anheuser-Busch v OHIM — Budějovický Budvar (BUDWEISER) (Community trade mark — Opposition proceedings — Application for the Community word mark BUDWEISER — Earlier international word marks and figurative marks BUDWEISER and BUDWEISER BUDVAR — Refusal to register — Restriction of the goods covered — Action manifestly lacking any foundation in law)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, beverage industry, trade-mark law

C 331/42

EN

Official Journal of the European Union

30.12.2006

Order of the Court of First Instance of 15 November 2006
— Jiménez Martínez v Commission

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and C. Ladenburger, Agents)

(Case T-115/05) (1)

(Officials — Invalidity — Invalidity Committee — Prepara-
tory measure — Legal
interest in bringing proceedings —
Irregularity in the pre-litigation procedure — Manifest inad-
missibility)

(2006/C 331/92)

Language of the case: French

Re:

Action brought against the decision of the Secretariat-General of
the Commission of 27 May 2005, rejecting the request for
to a letter sent by the Directorate
access by the applicant
General for Competition to the Federal German Government
concerning State aid proceedings.

Parties

Applicant: José Juan Jiménez Martínez (Brussels, Belgium) (repre-
sented by: É. Boigelot, lawyer)

Operative part of the order

1. The action is dismissed as being manifestly inadmissible;

2. The applicant is ordered to bear its own costs and those incurred by

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and K. Hermann, Agents)

the Commission.

Re:

Application, first, for annulment of the Invalidity Committee's
decisions of 21 April and 22 July 2004 and, secondly, for
damages as compensation for loss allegedly suffered as a result
of those decisions

(1) OJ C 257, 15.10.2005.

Operative part of the order

The Court:

1. Dismisses the action as manifestly inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 15 November 2006
— Anheuser-Busch v OHIM — Budějovický Budvar
(BUDWEISER)

(Case T-366/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark BUDWEISER — Earlier
international word marks and figurative marks BUDWEISER
and BUDWEISER BUDVAR — Refusal to register — Restric-
tion of the goods covered — Action manifestly lacking any
foundation in law)

(2006/C 331/94)

Language of the case: English

Order of the Court of First Instance of 11 December 2006
— Weber v Commission

(Case T-290/05) (1)

Parties

(Access to documents of
the Community institutions —
Refusal — Application initiating proceedings — Manifest
inadmissibility — No need to adjudicate)

Applicant: Anheuser-Busch (Saint Louis, Missouri, United States)
(represented by: V. von Bomhard, B. Goebel, A. Renck and A.
Pohlmann, lawyers)

(2006/C 331/93)

Language of the case: German

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, Agent)

(represented by: A.

and Designs)

Parties

Applicant: Friedrich Weber (Cologne, Germany) (represented by:
W. Declair, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Budějovický Budvar,
národní podnik (Česke Budějovice, Czech Republic) (represented
by: F. Fajgenbaum, lawyer)

30.12.2006

EN

Official Journal of the European Union

C 331/43

Re:

Operative part of the order

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 July 2005 (Case R 514/2004-2) relating
to opposition proceedings between Budějovický Budvar, národní
podnik, and Anheuser Busch, Inc.

1. The application is dismissed as inadmissible;

2. The applicant shall bear its own costs and pay those incurred by

the Commission.

Operative part of the order

1. The action is dismissed;

(1) OJ C 22, 28.1.2006.

2. Anheuser Busch, Inc., shall pay its own costs and those incurred by
the Office for Harmonisation in the Internal Market (Trade Marks
and Designs) and by Budějovický Budvar, národní podnik.

(1) OJ C 330, 24.12.2005.

Order of the Court of First Instance of 14 December 2006
— K-Swiss v OHIM (Parallel stripes on a shoe)

(Case T-14/06) (1)

(Community Trade Mark — Procedural issues — Plea of inad-
missibility — Notification of the decision of the Board of
Appeal — Time-limit for bringing an action)

Order of the Court of First Instance of 11 December 2006
— MMT v Commission

(Case T-392/05) (1)

(Action for annulment — Time-limit for bringing proceedings
— Objection of inadmissibility)

Parties

(2006/C 331/96)

Language of the case: English

(2006/C 331/95)

Language of the case: German

Applicant: K-Swiss,
Inc.
States) (represented by: H. Hübner, lawyer)

(West Lake Village, California, United

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

Parties

Re:

Applicant: MMT Mecklenburg-Strelitzer Montage- und Tiefbau
GmbH (Neustrelitz, Germany) (represented by: R.-J. Kurschus,
M. Zimmermann, M. Grehsin and C. Kupke, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: K. Gross and T. Scharf, Agents)

Action brought against the decision of the First Board of Appeal
of OHIM of 26 September 2005 (Case R 1109/2004-1),
concerning registration of a mark in the form of five parallel
stripes placed on the lateral part of a representation of a shoe as
a Community trade mark.

Re:

of

for

annulment

Application
Commission Decision
2003/595/EC of 5 March 2003 on the aid scheme implemented
by the Federal Republic of Germany in connection with the sale
and export of products from the Land of Mecklenburg-Western
Pomerania (OJ 2003 L 202 p. 15) to the extent that the decision
classifies as unlawful State aid for the purposes of Article 87(1)
EC the financial assistance envisaged by the guidelines of the
Land of Mecklenburg-Western Pomerania for shared offices on
the territory of countries which are official candidates for acces-
sion to the European Union.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible.

2. Orders the applicant to pay the costs.

(1) OJ C 86, 8.4.2006.