Case T-370/07: Action brought on 26 September 2007 — Patrick Holding v OHIM — Cassera (Patrick Exclusive)
Date: 2007-09-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

C 283/36

EN

Official Journal of the European Union

24.11.2007

3. Breach of essential procedural requirements under European

Community legislation.

Internal Market (Trade Marks and Designs) on 26 July 2007
in case R1447/2005-2 be annulled;

that

submits

in the contested decision,

the contested decision was
The applicant
adopted in a manner which infringed essential procedural
requirements inasmuch as, first, the Commission breached
the provisions of Directive 2003/87/EC by essentially
refusing,
to review Decision
C(2006) 5613 final, and second, the contested decision is
inappropriately and inadequately reasoned and consequently
the requirements set out in Article 253 EC and Article 9(3)
of Directive 2003/87 have been breached. Furthermore, the
Commission failed to comply with the procedural require-
ment in that directive relating to the duration of the assess-
ment.

4. Manifest misappraisal.

the Commission,

In the opinion of the applicant, when it examined Lithuania's
amended national allocation plan,
first,
failed to take account of the specific and objective circum-
stances which were stressed by Lithuania and which led to
the level of pollution emissions which arose, and, second,
applied an inappropriate method of calculation and based
itself on inaccurate data, which led to the fixing of an incor-
rect maximum quantity of pollution emission allowances
granted to Lithuania.

(1) Commission Decision of 13 July 2007 on the amendment of the
national plan for the allocation of greenhouse gas emission allow-
ances notified by Lithuania under Article 3(3) of Commission Deci-
sion C(2006) 5613 (final) on the national plan for the allocation of
greenhouse gas emission allowances notified by Lithuania under
Directive 2003/87/EC of the European Parliament and the Council.

— that the defendant is ordered to register the contested trade-

mark;

— that the defendant pays the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: Patrick Holding ApS

Community trade mark concerned: The Community figurative mark
‘PATRICK EXCLUSIVE’
for goods in class 25 — application
No 2 946 424

Proprietor of the mark or sign cited in the opposition proceedings:
Cassera SpA

Mark or sign cited: The Community word mark ‘G. Patrick’ for
goods in class and 25 and the national and international word
mark ‘G. Patrick’ for goods in classes 24 and 25

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

Decision of the Board of Appeal: Dismissed the appeal

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

Action brought on 24 September 2007 — Dimos Kerateas
(Municipality of Keratea) v Commission of the European
Communities

Action brought on 26 September 2007 — Patrick Holding
v OHIM — Cassera (Patrick Exclusive)

(Case T-370/07)

(2007/C 283/65)

Language in which the application was lodged: English

Parties

(Case T-372/07)

(2007/C 283/66)

Language of the case: Greek

Parties

Applicant: Patrick Holding ApS (Fredensborg, Denmark) (repre-
sented by: J. Løje, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cassera
SpA. (Milan, Italy)

Form of order sought

— The applicant requests that the decision taken by the Second
Board of Appeal of the Office for Harmonisation in the

Applicant: Municipality of Keratea (Attiki, Greece) (represented
by: A. Papakonstantinou and M. Khaidarlis)

Defendant: Commission of the European Communities

Form of order sought

The Court is asked to:

— annul Commission Decision E(2004) 5611 of 22 December
2004 concerning the grant of assistance from the Cohesion
Fund for the ‘Solid Waste Management Project of the First
Attiki District Management Unit in South East Attiki and the
Second District Management Unit in Trizinia, 1. Hygienic
Landfill Site in the integrated waste management facility at
“Vragoni”, Keratea-Lavreotiki, in South East Attiki, 2. Waste
transport depot of the Second Attiki District Management
Unit in Trizinia’;