Case T-362/07: Action brought on 14 September 2007 — El Fatmi v Council
Date: 2007-09-14
Institutions: Court of First Instance
Subjects: action for annulment (EU), economic sanctions, international sanctions, natural person, restriction of liberty, terrorism

10.11.2007

EN

Official Journal of the European Union

C 269/65

Action brought on 19 September 2007 — Focus Magazin
Verlag v OHIM — Editorial Planeta (FOCUS Radio)

— order the opponent to bear costs for the whole opposition

proceeding including this application.

(Case T-357/07)

(2007/C 269/118)

Language in which the application was lodged: English

Parties

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘FOCUS Radio’
for goods and services in classes 9, 16, 35, 38, 41 and 42 —
application No 2 340 289

Proprietor of the mark or sign cited in the opposition proceedings:
Editorial Planeta, SA

Applicant: Focus Magazin Verlag GmbH (Munich, Germany)
(represented by: B. C. Müller, lawyer)

Mark or sign cited: The national word and figurative marks
‘FOCUS MILENIUM’, ‘PLANETA FOCUS’ and ‘PLANETA FOCUS
99’ for goods and services in classes 9, 16 and 41

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

Other party to the proceedings before the Board of Appeal: Editorial
Planeta, SA (Barcelona, Spain)

Form of order sought

— Annul No 1, No 3 and No 4 of the decision of the Fourth
Board of Appeal of the Office for Harmonisation for the
Internal Market, dated 30 July 2007,
in the opposition
proceeding No B 516 742 (Community trade mark applica-
tion No 2 340 289);

— alter the contested decision mentioned in No 1 in order to
register the contested Community trade mark application for
the following goods and services:

— Class 9 — Computers and data-processing apparatus;
memories for data processing equipment; machine-read-
able data carriers of all types containing information,
and sound and image recording carriers,
in particular
floppy discs, CD-ROMs, DVDs, chip cards, magnetic
cards, video cassettes, compact discs and video discs;
collections of information recorded on data carriers;

— Class 16 — Printed matter, printed materials, periodicals,
newspapers, books, stickers, calendars, office requisites
(except
instructional and teaching material
(except apparatus), included in class 16;

furniture),

— Class 41 — Entertainment among other radio entertain-
live events,

ment; conducting entertainment events,
cultural and sporting events, included in class 41.

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Partial annulment of the Opposi-
tion Division's decision and partial rejection of the Community
trade mark application

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as there is no relevant similarity between the
conflicting trade marks and thus no likelihood of confusion.

Action brought on 14 September 2007 — El Fatmi v
Council

(Case T-362/07)

(2007/C 269/119)

Language of the case: Dutch

Parties

Applicant: Nouriddin El Fatmi (Amsterdam, Netherlands) (repre-
sented by: J. Pauw, lawyer)

Defendant: Council of the European Union

C 269/66

EN

Official Journal of the European Union

10.11.2007

Form of order sought

Pleas in law and main arguments

— Declare Regulation (EC) No 2580/2001 inapplicable and/or
annul Decision 2007/445 in so far as those measures relate
to the applicant;

— Order the Council to pay the costs of the proceedings.

Pleas in law and main arguments

In support of his application, the applicant first of all submits
that Council Regulation (EC) No 2580/2001 of 27 December
2001 on specific restrictive measures directed against certain
persons and entities with a view to combating terrorism
(OJ 2001 L 344, p. 70) is not applicable to him inasmuch as
there is no connection whatsoever between the common
foreign and security policy and the applicant.

Second, the applicant submits that Regulation No 2580/2001 is
not applicable to him inasmuch as he is not committing, or
attempting to commit, participating in or
facilitating the
commission of any act of terrorism.

In conclusion, the applicant contends that the contested decision
is at variance with the principle of proportionality and is inade-
quately reasoned.

Action brought on 14 September 2007 — Hamdi v Council

(Case T-363/07)

(2007/C 269/120)

Language of the case: Dutch

In support of his application, the applicant first of all submits
that Council Regulation (EC) No 2580/2001 of 27 December
2001 on specific restrictive measures directed against certain
persons and entities with a view to combating terrorism
(OJ 2001 L 344, p. 70) is not applicable to him inasmuch as
there is no connection whatsoever between the common
foreign and security policy and the applicant.

Second, the applicant submits that Regulation No 2580/2001 is
not applicable to him inasmuch as he is not committing, or
attempting to commit, participating in or
facilitating the
commission of any act of terrorism.

In conclusion, the applicant contends that the contested decision
is at variance with the principle of proportionality,
is inade-
quately reasoned and is contrary to his fundamental rights, in
particular the right to undisturbed enjoyment of his property
and the right to respect for his private life.

Action brought on 26 September 2007 — Republic of
Latvia v Commission of the European Communities

(Case T-369/07)

(2007/C 269/121)

Language of the case: Latvian

Parties

Applicant: Republic of Latvia (represented by: E. Balode-Buraka,
K. Bārdiņa)

Parties

Defendant: Commission of the European Communities

Applicant: Ahmed Hamdi (Amsterdam, Netherlands) (represented
by: J. Pauw, lawyer)

Form of order sought

Defendant: Council of the European Union

Form of order sought

— Declare Regulation (EC) No 2580/2001 inapplicable and/or
annul Decision 2007/445 in so far as those measures relate
to the applicant;

— Order the Council to pay the costs of the present proceed-

ings.

— Annul Commission Decision C(2007) 3409, of 13 July
2007, on the amendment of the national plan for the alloca-
tion of greenhouse gas emission allowances notified by
under Article 3(3) of Commission Decision
Latvia
C/2006/5612 (final), of 29 November 2006, on the national
plan for the allocation of greenhouse gas emission allow-
ances notified by Latvia under European Parliament and
Council Directive 2003/87/EC (1).

— Order the Commission to pay the costs.

— Adjudicate under an expedited procedure.