Case T-263/03: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Conceria Toska (TOSKA) (Community trade mark — Opposition proceedings — Application for Community word mark TOSKA — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, leather industry, trade-mark law

C 199/28

EN

Official Journal of the European Union

25.8.2007

Re:

2. Orders the Commission to bear its own costs and to pay those

incurred by the applicant.

Application for compensation for the damage allegedly caused
by the Commission's purportedly unlawful action in the face of
retaliatory trade measures taken by the United States of America
in the so-called case on ‘beef having a hormonal action’.

(1) OJ C 112, 10.5.2003.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders the applicants jointly and severally to bear their own costs

and to pay those incurred by the Commission;

3. orders the Kingdom of Spain to bear its own costs.

(1) OJ C 112, 10.5.2003.

Order of the Court of First Instance of 11 July 2007 —
Mülhens v OHIM — Conceria Toska (TOSKA)

(Case T-263/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark TOSKA — Earlier national
word mark TOSCA — Relative grounds for
refusal —
Well-known trade mark within the meaning of Article 6 bis of
the Paris Convention — Article 8(1)(b) of Regulation (EC)
No 40/94 — Article 8(5) of Regulation (EC) No 40/94)

(2007/C 199/52)

Language of the case: Italian

Judgment of the Court of First Instance of 11 July 2007 —
Konidaris v Commission

(Case T-93/03) (1)

Parties

(Officials — Recruitment — Post of director at Grade A2 —
Rejection of application — Actions for annulment — Obliga-
tion to state reasons — Lawfulness of the comparative exami-
nation of applicants — Assessment of the qualifications of
the candidate appointed)

(2007/C 199/51)

Language of the case: French

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (repre-
sented by: T. Schulte-Beckhausen, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Capostagno and
O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Conceria Toska Srl
(Corsico, Italy) (represented by: G. Cimolino, lawyer)

Parties

Re:

Applicant: Spyros Konidaris (Overijse, Belgium) (represented by:
A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by D. Waelbroeck, lawyer)

Action brought against the decision of the Second Board of
Appeal of OHIM of 13 May 2003 (Case R-369/2002-2)
concerning opposition proceedings between Mülhens GmbH &
Co. KG and Conceria Toska Srl

Re:

Application for annulment of
the Commission's decision to
reject the applicant's application for the post of director in the
‘Communication Services: Policy
Directorate General INFSO/A:
and Regulatory Framework’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mülhens GmbH & Co. KG to pay the costs.

Operative part of the judgment

The Court:

1. Dismisses the action;

(1) OJ C 289, 29.11.2003.