Case C-273/05 P: Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd (Appeal — Community trade mark — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Application for word mark CELLTECH — Absolute grounds for refusal — Lack of distinctive character — Descriptive character)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, pharmaceutical product, trade-mark law

28.4.2007

EN

Official Journal of the European Union

C 96/9

Operative part of the judgment

Operative part of the judgment

The Court:

its

coastal districts

the urban waste water of

1. Declares that, by failing to take the measures necessary to ensure
the
that, by 31 December 1998,
agglomeration of Sueca,
(El Perelló, Les
Palmeres, Mareny de Barrequetes, Playa del Rey and Boga de Mar)
and also certain municipalities of the region of La Ribera (Benifaió,
treated appropriately before being
Sollano and Almussafes)
discharged in an area declared sensitive, the Kingdom of Spain has
failed to fulfil
the second paragraph of
Article 3(1) and Article 5(2) of Council Directive 91/271/EEC of
21 May 1991 concerning urban waste-water treatment, the latter
provision being read together with Article 4(4) of that directive.

its obligations under

is

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 182 of 23.7.2005.

The Court:

1. Dismisses the appeal;

2. Orders the Office for Harmonisation in the Internal Market (Trade

Marks and Designs) (OHIM) to pay the costs.

(1) OJ C 243, 1.10.2005.

Judgment of the Court (Second Chamber) of 19 April 2007
formerly Alsen AG v
— Holcim (Deutschland) AG,

Commission of the European Communities

(Case C-282/05 P) (1)

(Appeals — Non-contractual liability of the Community —
Article 85 of the EC Treaty (now Article 81 EC) — Reimbur-
sement of bank guarantee charges)

Judgment of the Court (First Chamber) of 19 April 2007 —
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) v Celltech R&D Ltd

(2007/C 96/14)

Language of the case: German

(Case C-273/05 P) (1)

(Appeal — Community trade mark — Article 7(1)(b) and (c)
of Regulation (EC) No 40/94 — Application for word mark
CELLTECH — Absolute grounds for refusal — Lack of
distinctive character — Descriptive character)

(2007/C 96/13)

Language of the case: English

Parties

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

(represented by: A.

and Designs)

Other party to the proceedings: Celltech R&D Ltd (represented by:
D. Alexander QC and G. Hobbs QC, instructed by N. Jenkins,
Solicitor)

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 14 April 2005 in Case T-260/03 Celltech
R&D Limited v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) in which the Court of First
Instance annulled decision R 659/2002-2 of OHIM's Second
Board of Appeal of 19 May 2003, rejecting the appeal against
the examiner's decision refusing registration of the word mark
‘CELLTECH’ for goods and services falling within Classes 5, 10
and 42

Parties

Appellant: Holcim (Deutschland) AG, formerly Alsen AG (repre-
sented by: P. Niggemann and F. Wiemer, Rechtsanwälte)

Other party to the proceedings: Commission of
Communities (represented by: R. Lyal, and G. Wilms, Agents)

the European

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 21 April 2005 in Case T-28/03 Holcim
(Deutschland) v Commission, dismissing an action for damages
which sought
the
Commission's decision imposing a fine in a proceeding under
Article 81 EC, the reimbursement of charges in respect of a
bank guarantee lodged in order to avoid immediate payment of
the fine in question.

following the annulment of

to obtain,

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Orders Holcim (Deutschland) AG to pay the costs.

(1) OJ C 217, 3.9.2005.