Case T-229/04: Judgment of the Court of First Instance of 11 July 2007 — Sweden v Commission (Directive 91/414/EEC — Plant protection products — Active substance paraquat — Authorisation to place products on the market — Authorisation procedure — Protection of human and animal health)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: Sweden, action for annulment (EU), marketing standard, plant health product, power of assessment

C 199/32

EN

Official Journal of the European Union

25.8.2007

Judgment of the Court of First Instance of 11 July 2007 —
Flex Equipos de Descanso, SA v OHIM — Leggett & Platt
(LURA-FLEX)

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

(Case T-192/04) (1)

(Case T-229/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark LURA-FLEX — Earlier
national figurative marks containing the word element ‘flex’
— Submission to the Opposition Division out of time of
translations of documents provided in support of the reputa-
tion of earlier marks — Obligation on the Board of Appeal to
assess the need to take account of the documents translated)

(2007/C 199/59)

Language of the case: English

(Directive 91/414/EEC — Plant protection products — Active
substance paraquat — Authorisation to place products on the
market — Authorisation procedure — Protection of human
and animal health)

(2007/C 199/60)

Language of the case: Swedish

Parties

Parties

Applicant: Kingdom of Sweden (represented by: A. Kruse, Agent)

Applicant: Flex Equipos de Descanso, SA (Madrid (Spain) (repre-
sented by: initially by R. Ocquet, and subsequently, I. Valdelomar
Serrano, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Ström van Lier and B. Doherty, Agents)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen and
G. Schneider)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Leggett & Platt, Inc.,
(Carthage, Missouri, United States) (represented by: G. Cronin
and S. Castley, Solicitors, and G. Hollingworth, Barrister)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 18 March 2004 (Case R 333/2003-1) relating to
opposition proceedings between Flex Equipos de Descanso, SA
and Leggett & Platt, Inc.

in support of

Interveners
the applicant: Kingdom of Denmark
(represented by: J. Molde, A. Jacobsen and J. Bering Liisberg,
Agents); Republic of Austria (represented by E. Riedl, Agent);
and Republic of Finland (represented by T. Pynnä
and
E. Bygglin, Agents)

Re:

of Commission Directive

Annulment
2003/112/EC of
1 December 2003 amending Council Directive 91/414/EEC to
include paraquat as an active substance (OJ 2003 L 321, p. 32)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 18 March 2004 (Case R 333/2003-1);

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant;

3. Orders the intervener to bear its own costs.

1. Annuls Commission Directive 2003/112/EC of 1 December
2003 amending Council Directive 91/414/EEC to include para-
quat as an active substance;

2. Orders the Commission to pay the costs incurred by the Kingdom

of Sweden and to bear its own costs;

3. Orders the Kingdom of Denmark, the Republic of Austria and the

Republic of Finland to bear their own costs.

(1) OJ C 217, 28.8.2004.

(1) OJ C 106, 30.4.2004 (formerly Case C-102/04).