Case T-84/07: Action brought on 13 March 2007 — Mineral and Chemical Company EuroChem v Council
Date: 2007-03-13
Institutions: Court of First Instance
Subjects: Russia, action for annulment (EU), anti-dumping duty, chemical fertiliser, chemical salt, import

C 117/26

EN

Official Journal of the European Union

26.5.2007

Action brought on 13 March 2007 — Mineral and Chemical
Company ‘EuroChem’ v Council

Action brought on 20 March 2007 — Gabel Industria
Tessile v OHIM — Creaciones Garel (GABEL)

(Case T-84/07)

(2007/C 117/40)

Language of the case: English

(Case T-85/07)

(2007/C 117/41)

Language in which the application was lodged: Italian

Parties

Applicant: Open Joint Stock Company Mineral and Chemical
Company
(represented by:
(Moscow, Russia)
P. Vander Schueren and B. Evtimov, lawyers)

‘EuroChem’

Parties

Defendant: Council of the European Union

Form of order sought

— Annul the contested regulation, and in particular Article 1
thereof, insofar as it concerns the applicant and its related
companies specified in recital 14(a) and (b) of the contested
regulation; and

Applicant: Gabel Industria Tessile S.p.A. (Rovellasca, Italy) (repre-
sented by: A. Petruzzelli, Avvocato)

Defendant: Office for Harmonisation in the Internal Market
(OHIM)

Other party to the proceedings before the Board of Appeal of OHIM:
Creaciones Garel S.A.

— order the defendant to pay the costs of and occasioned by

these proceedings.

Form of order sought

Pleas in law and main arguments

The applicant claims that the Court should:

The applicant, who is a Russian producer and exporter of solu-
tions of urea and ammonium nitrate, seeks the annulment of
Council Regulation (EC) No 1911/2006 of 19 December 2006
imposing a definitive anti-dumping duty on imports of solutions
of urea and ammonium nitrate originating in Algeria, Belarus,
Russia and Ukraine following an expiry review pursuant
to
Article 11(2) of Regulation (EC) No 384/96 (1).

In support of its application, the applicant submits that the
Community institutions established the normal value for the
applicant wrongly and made a wrong comparison with the
export price and hence made an erroneous finding of dumping.
The Community institutions thereby committed a series of
manifest errors of assessment and violated fundamental princi-
ples of Community law.

Furthermore, the applicant claims that the Community institu-
tions violated Article 11(1) and (3) of the Basic Regulation (2)
by failing to carry out an interim review in conjunction with the
expiry review under Article 11(2) of the Basic Regulation and
by adopting the contested regulation extending the duties at
their original level, whilst having had the duty and the possibi-
lity to initiate an interim review either ex-officio or pursuant to
sufficient evidence provided by the applicant.

— annul, in part, the decision of the Second Board of Appeal
of 25 January 2007, notified on 29 January 2007, in so far
as it refused registration of
the Community trade mark
applied for — Gabel — under No 3754777 in class 24,
since it does not comply with Article 8(1)(b) of Regu-
lation 40/94;

— uphold the decision of

the Second Board of Appeal
proceed with registration of the mark for ‘bath-robes’
class 25;

to
in

— order OHIM to register GABEL as Community trade mark
No 3754777 in class 24, for the relevant goods specified in
that class, as well as for ‘bath-robes’ in class 25;

— order OHIM to pay all the applicant's costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘GABEL’ (application
for registration No 3754777) for goods in classes 24 and 25.

(1) OJ 2006 L 365, p. 26.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).

Proprietor of the mark or sign cited in the opposition proceedings:
Creaciones Garel S.A.

Mark or sign cited in opposition: Community figurative mark
‘GAREL’ for goods in classes 24, 25 and 26.