Assignment of Judges to the Chambers
Date: 2007-02-24
Institutions: Court of First Instance
Subjects: General Court (EU), appointment of staff, member of the Court of Justice (EU)

C 42/22

EN

Official Journal of the European Union

24.2.2007

COURT OF FIRST INSTANCE

Assignment of Judges to the Chambers

Fifth Chamber, sitting with three Judges:

(2007/C 42/40)

Mr Vilaras, President of the Chamber

the Court of First

On 15 January 2007,
Instance decided,
following the entry into office as Judges of Mr Tchipev and Mr
Ciucă, to change the composition of
the Chambers for the
period from 15 January 2007 to 31 August 2007 and to assign
the Judges to the Chambers as follows:

First Chamber (Extended Composition), sitting with five Judges:

Mr Vesterdorf, President of the Chamber, Mr Cooke, Mr García-
Valdecasas, Ms Labucka, Mr Prek and Mr Ciucă, Judges;

First Chamber, sitting with three Judges:

Mr Cooke, President of the Chamber

(a) Mr García-Valdecasas and Mr Ciucă, Judges;

(b) Ms Labucka and Mr Prek, Judges;

Second Chamber (Extended Composition), sitting with five Judges:

Mr Pirrung, President of the Chamber, Mr Meij, Mr Forwood,
Ms Pelikánová and Mr Papasavvas, Judges;

Second Chamber, sitting with three Judges:

Mr Pirrung, President of the Chamber

(a) Mr Meij and Ms Pelikánová, Judges;

(b) Mr Forwood and Mr Papasavvas, Judges;

Third Chamber (Extended Composition), sitting with five Judges:

Mr Jaeger, President of the Chamber, Ms Tiili, Mr Azizi, Ms
Cremona, Mr Czúcz and Mr Tchipev, Judges;

Third Chamber, sitting with three Judges:

Mr Jaeger, President of the Chamber

(a) Ms Tiili, Mr Czúcz and Mr Tchipev, Judges;

(b) Mr Azizi and Ms Cremona, Judges;

Fourth Chamber (Extended Composition), sitting with five Judges:

Mr Legal, President of the Chamber, Ms Wiszniewska-Białecka,
Mr Vadapalas, Mr Moavero Milanesi and Mr Wahl, Judges;

(a) Ms Martins Ribeiro and Ms Jürimäe, Judges;

(b) Mr Dehousse and Mr Šváby, Judges.

In the First Chamber (Extended Composition), sitting with five
Judges, the Judges who sit with the President of the Chamber to
make up the formation of five Judges will be the three judges of
the formation which initially heard the case and one judge from
the other formation to be designated in turn in the order
provided for by Article 6 of the Rules of Procedure of the Court
of First Instance.

In the Third Chamber (Extended Composition), sitting with five
Judges, the Judges who sit with the President of the Chamber to
make up the formation of five Judges will be:

— where the case was initially heard by formation (a), in addi-
tion to the three Judges who sit in that formation, two
Judges, sitting as assessors, from formation (b);

— where the case was initially heard by formation (b), in addi-
tion to the three Judges who sit in that formation, two
Judges, sitting as assessors, from formation (a), to be desig-
nated in turn.

In the Third Chamber sitting with three Judges, the President of
the Chamber will sit either with formation (b) or with two of
formation (a) above, depending on the
the three Judges of
the
formation to which the Judge-Rapporteur belongs. For
purposes of composing formation (a), a rota will be established
among those Judges in order to determine which of the three
Judges is not to sit.

In the Second, Fourth and Fifth Chambers, sitting with three
Judges, the President of the Chamber will sit either with the
Judges of formation (a) above or with the Judges referred to at
(b) above, depending on the formation to which the Judge-
Rapporteur belongs.

For cases in which the President of the Chamber is the Judge-
Rapporteur, the President of
the Chamber will sit with the
Judges of one or other of those formations alternately in accord-
ance with the order in which the cases are registered, subject to
the presence of connected cases.

Fourth Chamber, sitting with three Judges:

Mr Legal, President of the Chamber

(a) Mr Vadapalas and Mr Wahl, Judges;

(b) Ms Wiszniewska-Białecka and Mr Moavero Milanesi, Judges;

Criteria for the assignment of cases to the Chambers

On 15 January 2007, the Court of First Instance laid down
criteria as follows for the assignment of cases to the Chambers
for the period from 15 January 2007 to 31 August 2007, in
accordance with Article 12 of the Rules of Procedure::

Fifth Chamber (Extended Composition), sitting with five Judges:

Mr Vilaras, President of the Chamber, Ms Martins Ribeiro, Mr
Dehousse, Mr Šváby and Ms Jürimäe, Judges;

1. Cases shall be assigned, as soon as applications have been
lodged and without prejudice to any subsequent application
of Articles 14 and 51 of the Rules of Procedure, to Cham-
bers of three Judges.

24.2.2007

EN

Official Journal of the European Union

C 42/23

2. Cases shall be allocated to the Chambers in turn, in accord-
ance with the date on which they are registered at
the
Registry, following three separate rotas, namely:

— for cases concerning application of the competition rules
applicable to undertakings, the rules on State aid and the
rules on trade protection measures;

— for cases concerning the intellectual property rights
referred to in Article 130(1) of the Rules of Procedure;

— for all other cases.

In applying those rotas, the Third Chamber shall be taken
into consideration twice at each fifth turn.

The President of the Court of First Instance may derogate
from the rotas on the ground that cases are related or with a
view to ensuring an even spread of the workload.

Action brought on 1 December 2006 — Bateaux Mouches
v OHIM — Castanet (Bateaux Mouches)

(Case T-365/06)

(2007/C 42/41)

Language in which the application was lodged: French

Parties

Applicant: SA Compagnie des Bateaux Mouches (Paris, France)
(represented by: D. de Leusse, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Jean-Noël Castanet (Paris, France)

Form of order sought

The Court is asked to:

— Declare the action by Compagnie des Bateaux Mouches

admissible;

— Annul the decision of the First Board of Appeal of OHIM of
7 September 2006 (Case R 1172/2005-1, Castanet v
Compagnie des Bateaux Mouches);

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: the word mark ‘Bateaux Mouches’ for
services in Classes 39, 41 and 42 — Community trade mark
No 1 336 122

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: Jean-Noël Castanet

Decision of the Cancellation Division: rejection of the application
for cancellation

Decision of the Board of Appeal: annulment of the decision of the
Cancellation Division

Pleas in law: breach of Article 7(1)(b) of Council Regulation
No 40/94 (1) on the grounds
the contested decision
wrongly held the applicant's trade mark to be descriptive and
without distinctive character and inasmuch as it held that the
applicant had not proved that its trade mark had acquired by
usage a distinctive character for the services concerned.

that

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 7 December 2006 — Holland Malt v
Commission

(Case T-369/06)

(2007/C 42/42)

Language of the case: English

Parties

Applicant: Holland Malt BV (Lieshout, Netherlands) (represented
by: O.W. Brouwer and D. Mes, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annul,

in full or in part, Articles 1, 2, 3 and 4 of the

contested decision;

— order the defendant to pay the costs of the proceedings;

— take any other measures that the Court considers appro-

— Order OHIM to pay the costs.

priate.