Case T-160/07: Action brought on 7 May 2007 — Lancôme Parfums et Beauté & Cie v OHIM
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetics industry, trade-mark law

23.6.2007

EN

Official Journal of the European Union

C 140/43

Action brought on 9 May 2007 — People's Mojahedin
Organization of Iran v Council

(Case T-157/07)

(2007/C 140/70)

Language of the case: English

Parties

Applicant: People's Mojahedin Organization of Iran (Auvers sur
Oise, France)
lawyer, and D.
Vaughan QC)

(represented by:

J.P. Spitzer,

Defendant: Council of the European Union

Form of order sought

— Annul the continuing decisions of the Council:

— Not to review within six months or thereafter Council

Decision 2006/379 in relation to the applicant;

— to maintain until

the date hereof and thereafter the
applicant in a list of terrorist organisations established
by Council Decision 2006/379 of 29 May 2006 with
effect from the date of that decision notwithstanding the
judgment
in Case T-228/02 of
12 December 2006 and the Council's obligations under
Article 233 EC.

this Court

of

of terrorist organisations and to do so at a regular basis and at
least once every six months. The applicant contends that the
Council did not do so in relation to the inclusion of the appli-
cant's name in the list of terrorist organisations.

The applicant further submits that, following the judgement of
the Court of First Instance in Case T-228/02 Organisation des
Modjahedines du peuple d'Iran v Council [2006] ECR II-0000, the
Council was under an obligation to remove the applicant's
name from the said list.

(1) Council Decision 2006/379/EC of 29 May 2006 implementing
Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a view to
combating terrorism and repealing Decision 2005/930/EC (OJ 2006
L 144, p. 21).

(2) Council Regulation (EC) No 2580/2001 of 27 December 2001 on
specific restrictive measures directed against certain persons and enti-
ties with a view to combating terrorism (OJ 2001 L 344, p. 70).

Action brought on 7 May 2007 — Lancôme Parfums et
Beauté & Cie v OHIM

(Case T-160/07)

(2007/C 140/71)

Language in which the application was lodged: French

— To make such further order requiring the defendant to act in
accordance with its legal obligations as may be appropriate.

Parties

— To order

the defendant

to pay the applicant damages
amounting to EUR 1 090 000 as set out in Annex 18 (and
continuing) and interest thereon.

— To order the defendant to pay the applicant's costs.

Pleas in law and main arguments

The applicant seeks the annulment of certain letters from the
Council and applies for damages as the Council did not carry
out a review after six months of the list contained in Council
Decision 2006/379 (1) of the persons, groups and entities to
which Regulation (EC) No 2580/2001 (2) on specific restrictive
measures directed against certain persons and entities with a
view to combating terrorism, i.e. a freeze of funds and other
financial resources, applies and as the Council maintained the
applicant on the said list.

Applicant: Lancôme Parfums et Beauté & Cie (Paris, France)
(represented by: E. Baud, 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:
CMS Hasche Sigle (Cologne, Germany)

Form of order sought

— Annul the decision of the Second Board of Appeal of OHIM

delivered on 26 February 2007 in Case R231/2006-2;

According to the applicant the Council was under an obligation
to carry out a review of the list of persons included in any list

— Order the defendant and, if necessary, the intervener, to pay

the costs.

C 140/44

EN

Official Journal of the European Union

23.6.2007

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: COLOR EDITION for goods in Class 3
— Community trade mark No 2 965 804

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: CMS Hasche Sigle

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

Pleas in law: infringement of Article 55(1)(a) of Council Regu-
lation No 40/94 (1) in that the Board of Appeal held that CMS
Hasche Sigle was entitled to bring an application for a declara-
tion of invalidity and infringement of Article 7(1)(c) of that
regulation in that the contested decision held that the disputed
mark COLOR EDITION was descriptive.

Decision of the Cancellation Division: dismissal of the application
for the declaration of invalidity.

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

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