Case T-53/05: Judgment of the Court of First Instance of 16 January 2007 — Calavo Growers v OHIM — Calvo Sanz (Calvo) (Community trade mark — Opposition proceedings — Application for figurative mark CALVO — Earlier Community word mark CALAVO — Admissibility of the opposition — Grounds of the opposition lodged in a language other than the language of the proceedings — Article 74(1) of Regulation (EC) No 40/94 — Rule 20(3) of Regulation (EC) No 2868/95)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Spain, action for annulment (EU), cannery, food industry, trade-mark law

10.3.2007

EN

Official Journal of the European Union

C 56/27

Defendant: Committee of the Regions of the European Union
(represented by: P. Cervilla, Agent, assisted by B. Wägenbaur and
R. Van der Hout, lawyers)

1. Annuls the decision of the Commission of 23 December 2003
insofar as it did not include the applicant's name on the list of offi-
cials considered the most deserving of promotion to grade A4 for
1998 and 1999, on the one hand, or on the list of officials
promoted to grade A4 in 1998 or 1999, on the other;

Re:

Action for annulment of Decision 87/03 of the Committee of
the Regions of 26 March 2003 which definitively classified the
applicant in Grade B 5, Step 4.

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

Operative part of the judgment

(1) OJ C 57, 5.3.2005.

The Court:

1. Dismisses the action as inadmissible.

2. Orders the Committee of the Regions of the European Union to

pay all the costs.

(1) OJ C 251, 9.10.2004.

Judgment of the Court of First Instance of 23 January 2007
— Tsarnavas v Commission

(Case T-472/04) (1)

(Officials — Article 45 of the Staff Regulations — Promotion
— Judgment annulling the decision not to promote the appli-
cant — Re-examination of the merits — Reasons)

Judgment of the Court of First Instance of 16 January 2007
— Calavo Growers v OHIM — Calvo Sanz (Calvo)

(Case T-53/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative mark CALVO — Earlier Community
word mark CALAVO — Admissibility of the opposition —
Grounds of the opposition lodged in a language other than the
language of the proceedings — Article 74(1) of Regulation
(EC) No 40/94 — Rule 20(3) of Regulation (EC) No
2868/95)

(2007/C 56/54)

Language of the case: Spanish

(2007/C 56/53)

Language of the case: French

Parties

Parties

Applicant: Vassilios Tsarnavas (Volos, Greece) (represented by: N.
Lhoëst, lawyer)

Defendant: Commission of the European Communties (repre-
sented by: G. Berardis-Kayser and D. Martin, Agents)

Re:

the Commission's decision of
Application for annulment of
23 December 2003 insofar as it did not include the applicant's
name on the list of officials proposed for promotion for 1999,
or on the list of officials considered the most deserving of
promotion to grade A4 for 1998 and 1999, or on the list of
officials promoted to grade A4 in 1998 or 1999

Operative part of the judgment

The Court:

Applicant: Calavo Growers Inc. (Santa Ana, United States) (repre-
sented by: E. Armijo Chávarri and A. Castán Pérez-Gómez,
lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Luis Calvo Sanz SA
(Carballo, Spain) (represented by J. Rivas Zurdo and E. López
Leiva, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 8 November 2004 (Case R 159/2004-1), relating to
opposition proceedings between Calavo Growers Inc. and Luis
Calvo Sanz SA.

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.