Case T-232/07: Action brought on 5 July 2007 — Spain v Commission
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: EPSO, EU Official Journal, European Commission, Spain, action for failure to fulfil an obligation, competition (EU), official language

C 199/44

EN

Official Journal of the European Union

25.8.2007

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Rejected the opposition

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation (EC) No 40/94.

Pleas in law: The applicant contests the Board's finding according
to which the Opposition Division based its decision on an
incorrect mark.

Action brought on 29 June 2007 — ITT Manufacturing
Enterprises v OHIM — ITT Trademark & Trade (I.T.T.)

(Case T-231/07)

(2007/C 199/83)

Language in which the application was lodged: English

Action brought on 5 July 2007 — Spain v Commission

(Case T-232/07)

(2007/C 199/84)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díez Abad)

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant:
Inc.
United States) (represented by: F. Delord, Solicitor)

ITT Manufacturing Enterprises

(Wilmington,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: ITT Trade-
mark & Trade GmbH (Munich, Germany)

— annul

the notice of Open Competition EPSO/AD/95/07
published by the European Personnel Selection Office
(EPSO) in the Official Journal (OJ C 103 A) on 8 May 2007;

— order the Commission to publish all notices of competitions
for posts in the European civil service in the Official Journal
in all languages;

— order the present case to be joined with Case T-156/07;

Form of order sought

The applicant requests the Court to:

— annul the contested decision, uphold decision No 565/2005
and order the defendant to pay the applicant's costs of this
appeal; in the alternative

— alter the contested decision, uphold decision No 565/2005
and order the defendant to pay the applicant's costs of this
appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: ITT Trademark & Trade
GmbH

Community trade mark concerned: The Community word mark
‘ITT’ for goods and services in Class 7, 9, and 11 — application
No 1152339

Proprietor of the mark or sign cited in the opposition proceedings: ITT
Manufacturing Enterprises Inc.

Mark or sign cited: The national figurative trade marks as well as
non-registered wellknown trade marks used in the course of
trade in the Community containing or consisting of the word
element
for goods and services in a large number of
Classes

‘ITT’

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are practically identical to
those relied on in Case T-156/07 Kingdom of Spain v Commis-
sion (1).

(1) OJ C 140, 23.6.2007, p. 1.

Order of the Court of First Instance of 13 June 2007 —
Multikauf Warenhandelsgesellschaft v OHIM — Demo
Holding (webmulti)

(Case T-395/05) (1)

(2007/C 199/85)

Language of the case: German

The President of the Court of First Instance (Third Chamber) has
ordered that the case be removed from the register.

Decision of the Opposition Division: Upheld the opposition in its
entirety

(1) OJ C 48, 25.2.2006.

Decision of the Board of Appeal: Rejected the opposition