Case T-92/05: Order of the Court of First Instance of 6 December 2006 — movingpeople.net International BV v OHIM — Schäfer (movingpeople.net) (Community trade mark — Community figurative trade mark movingpeople.net — Opposition of the proprietor of the national word mark MOVING PEOPLE — Partial refusal of registration — Applicant's acquisition of the earlier trade mark — No need to adjudicate)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), facilities for people with disabilities, trade-mark law

C 56/28

EN

Official Journal of the European Union

10.3.2007

Operative part of the judgment

Operative part of the judgment

The Court:

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

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 8 November 2004 (Case R 159/2004-1);

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant;

3. Orders the intervener to bear its own costs.

(1) OJ C 82, 2.4.2005.

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

incurred by the defendant.

3. The intervener is to bear its own costs.

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 6 December 2006
— movingpeople.net International BV v OHIM — Schäfer
(movingpeople.net)

(Case T-92/05) (1)

(Community trade mark — Community figurative trade mark
movingpeople.net — Opposition of
the
national word mark MOVING PEOPLE — Partial refusal of
registration — Applicant's acquisition of the earlier trade
mark — No need to adjudicate)

the proprietor of

(2007/C 56/55)

Language of the case: English

Parties

Order of the Court of First Instance of 9 January 2007 —
Lootus Teine Osaühing v Council

(Case T-127/05) (1)

(Action for annulment — Regulation (EC) No 2269/2004 and
Regulation (EC) No 2270/2004 — Fisheries — Fishing
opportunities for deep sea species for the new Member States
which acceded in 2004 — Persons directly and individually
concerned — Inadmissibility)

(2007/C 56/56)

Language of the case: English

Parties

Applicant: Lootus Teine Osaühing (Lootus)
(represented by: T. Sild and K. Martin, Lawyers)

(Tartu, Estonia)

Defendant: Council of the European Union (represented by: A.
de Gregorio Merino, F. Ruggeri Laderchi and A. Westerhof
Lörefflerova, Agents)

Applicant: movingpeople.net International BV (Helmond, Nether-
(represented by: G. van Roeyen and T. Berendsen,
lands)
lawyers)

Intervener in support of the applicant: Republic of Estonia (repre-
sented by: L. Uibo and H. Prieß, Agents)

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

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by K. Banks, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Thomas Schäfer (Groß
Schlamin, Schashagen, Germany) (represented by: D. Rohmeyer,
lawyer)

Re:

of Appeal

Action for annulment brought against the decision of the First
of OHIM of 20 December 2004
Board
(Case R 410/2004-1),
relating to opposition proceedings
between Thomas Schäfer and movingpeople.net International
BV

Re:

Action for annulment in part of, first, the Annex to Council
Regulation (EC) No 2269/2004 of 20 December 2004
amending Regulations (EC) Nos 2340/2002 and 2347/2002 as
concerns fishing opportunities for deep sea species for the new
Member States which acceded in 2004 (OJ 2004 L 396, p. 1)
and, second, Part 2 of
the Annex to Council Regulation
(EC) No 2270/2004 of 22 December 2004 fixing for 2005 and
2006 the fishing opportunities for Community fishing vessels
for certain deep-sea fish stocks (OJ 2004 L 396, p. 4), in so far
as those provisions concern the fishing opportunities allocated
to Estonia.