do-me/EUR-LEX huggingface dataset:
Case T-358/04: Judgment of the Court of First Instance of 12 September 2007 — Neumann v OHIM (Form of a microphone head grill) (Community trade mark — Application for a three-dimensional Community trade mark in the form of a microphone head grill — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, trade-mark law

20.10.2007

EN

Official Journal of the European Union

C 247/27

Judgment

of

Instance
12 September 2007 — Combescot v Commission

Court

First

the

of

of

Judgment of the Court of First Instance of 12 September
2007 — Neumann v OHIM (Form of a microphone head
grill)

(Case T-250/04) (1)

(Staff case — Officials — Filling the post of Head of
Delegation, Columbia — Rejection of candidature — Action
for annulment — No legal interest in bringing proceedings —
Action for damages)

(2007/C 247/41)

Language of the case: Italian

(Case T-358/04) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark in the form of a microphone
head grill — Absolute grounds for refusal — Lack of distinc-
tive character — Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 247/42)

Language of the case: German

Parties

Applicant: Philippe Combescot (Popayan, Colombia) (represented
by: A. Maritati and V. Messa, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M. Velardo, Agents and C. Corongui,
lawyer)

Applicant: Georg Neumann GmbH (Berlin, Germany)
sented by: R. Böhm, lawyer)

(repre-

Re:

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

First, declare that the decision to exclude the applicant from the
competition to fill the post of Head of Delegation, Colombia is
unlawful, annul the procedure for that competition and annul
the decision to fill the post concerned and, secondly, award
damages to compensate the applicant for the loss suffered.

Re:

Operative part of the judgment

The Court:

Action brought against the decision of the Second Board of
Appeal of OHIM of 17 June 2004 (Case R 919/2002-2) refusing
to register, as a Community trade mark, a three-dimensional
sign in the form of a microphone head grill.

1. Orders the Commission to pay to the applicant, Mr Philippe

Operative part of the judgment

Combescot, damages of EUR 3 000;

2. Dismisses the remainder of the action;

The Court:

3. Orders the Commission to bear its own costs and to pay half the

1. Dismisses the action;

applicant's costs;

4. Orders the applicant to bear half his own costs.

2. Orders Georg Neumann GmbH to pay the costs.

(1) OJ C 217, 28.8.2004.

(1) OJ C 284, 20.11.2004.
Corrigendum to the notice in the Official Journal in Case T-263/07 ( OJ C 223, 22.9.2007, p. 12 )
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU environmental policy, Estonia, European Commission, action for annulment (EU), air quality, greenhouse gas, pollution control measures, reduction of gas emissions, tradeable emission permit

C 247/46

EN

Official Journal of the European Union

20.10.2007

CORRIGENDA

Corrigendum to the notice in the Official Journal in Case T-263/07

(‘Official Journal of the European Union’ C 223 of 22 September 2007, p 12)

(2007/C 247/74)

The notice in the Official Journal in Case T-263/07 Estonia v Commission should read as follows:

‘Action brought on 16 July 2007 — Estonia v Commission

(Case T-263/07)

(2007/C 223/17)

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented by Lembit Uibo, Agent)

Defendant: Commission of the European Communities

Form of order sought

— Annul the decision of the Commission of the European Communities of 4 May 2007 concerning the national green-
house gas allocation plan submitted by Estonia in accordance with Directive 2003/87/EC of the European Parliament
and of the Council (1)

Pleas in law and main arguments

The Commission's decision of 4 May 2007 concerning the national greenhouse gas allocation plan submitted by Estonia
in accordance with Directive 2003/87/EC of the European Parliament and of the Council should be annulled on the
following grounds:

— Infringement of Article 9(1) and (3) and Article 11(2) of Directive 2003/87/EC and the consequent exceeding of

competence;

— Manifest errors of assessment, since the Commission did not take into account correct information available to it, but
relied on false assumptions which directly and essentially affected the outcome of the contested decision and the
determination of the overall amount of emission allowances;

— Infringement of Article 175(2)(c) EC, since under the EC Treaty the Commission does not have competence to adopt
measures which significantly affect a Member State's choice between different energy sources and the general structure
of its energy supply;

— Breach of the principle of good administration, since the Commission did not take account when taking its decision
of all the essential circumstances present in the individual case and did not verify whether all the assumptions made
when taking its decision were correct;

— Breach of the obligation to state reasons.

(1) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas

emission allowance trading within the Community and amending Council Directive 96/61/EC, OJ L 275, 25.10.2003, p. 32.’
Prior notification of a concentration (Case COMP/M.4872 — Eurovia/Compagnie Signature/JV) Text with EEA relevance
Date: 2007-10-20
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, public works, traffic signs

C 246/44

EN

Official Journal of the European Union

20.10.2007

Prior notification of a concentration

(Case COMP/M.4872 — Eurovia/Compagnie Signature/JV)

(Text with EEA relevance)

(2007/C 246/13)

1.
On 15 October 2007, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Eurovia (France)
belonging to the group Vinci and the undertaking Compagnie Signature SAS (France) ultimately controlled
by Burelle SA acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the
undertakings Euromark (France) and Signature Holdings (France) by way of purchase of shares in these two
companies constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— for Eurovia: road works, in particular road marking and vertical road signs activities, production of mate-

rials, development and management of the environment and related services,

— for Compagnie Signature: road marking and vertical road signs activities, road security signs, and street

furniture,

— for Euromark: road markingactivities,

— for Signature Holdings: vertical road signs activities and road safety equipment.

On preliminary examination, the Commission finds that the notified transaction could fall within the

3.
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4872 — Eurovia/Compagnie Signature/JV, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case C-51/07: Order of the President of the Court of 15 May 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2007-10-20
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal, transit

20.10.2007

EN

Official Journal of the European Union

C 247/21

Order of the President of the Court of 26 April 2007 —
Commission of the European Communities v Ireland

(Case C-330/06) (1)

(2007/C 247/29)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 224, 16.9.2006.

Order of the President of the Court of 15 May 2007 —
Commission of the European Communities v Grand Duchy
of Luxembourg

(Case C-51/07) (1)

(2007/C 247/30)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.
Case T-186/05: Order of the Court of First Instance of 29 August 2007 — SELEX Sistemi Integrati v Commission (Action for damages — Non-contractual liability — Competition — Decision of the Commission rejecting a complaint under Article 82 EC — Action in part manifestly inadmissible and in part manifestly without foundation in law — Actual loss)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: Eurocontrol, European Commission, action for failure to act, competition law, dominant position, liability

C 247/34

EN

Official Journal of the European Union

20.10.2007

— at the annual rate of 5 % from 1 January to 31 December

2. Orders the Commission to pay the costs.

2006;

— at the annual rate of 5,25 % from 1 January 2007 until the

(1) OJ C 69, 24.3.2007.

debt is paid in full;

2. Decides that there is no need to adjudicate on the claim against

Internet Commerce Network;

3. Orders Dane-Elec Memory to bear its own costs and pay those

incurred by the Commission;

4. Orders Internet Commerce Network to bear its own costs.

Order of the Court of First Instance of 29 August 2007 —
SELEX Sistemi Integrati v Commission

(1) OJ C 212 of 2.9.2006.

(Case T-186/05) (1)

Judgment

of

the

Court

of

First

Instance

of

12 September 2007 — Commission v Chatziioannidou

(Case T-20/07) (1)

(Appeal — Staff case — Officials — Pensions — Annulment
at first
instance of Commission decisions calculating the
number of years of pensionable service — Transfer of national
pension rights)

(2007/C 247/55)

Language of the case: French

(Action for damages — Non-contractual liability — Competi-
tion — Decision of the Commission rejecting a complaint
under Article 82 EC — Action in part manifestly inadmissible
and in part manifestly without foundation in law — Actual
loss)

(2007/C 247/56)

Language of the case: Italian

Parties

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA (Rome, Italy) (represented by: F. Sciaudone, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet, L. Visaggio and F. Amato, acting as
Agents)

Parties

Re:

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

Other party to the proceedings: Eleni Chatziioannidou (Auderghem,
Belgium) (represented by: S. Pappas, lawyer)

Action for damages for the loss allegedly suffered by the appli-
cant as a result of
the Commission of
the decision of
12 February 2004 rejecting the complaint brought by the appli-
cant against Eurocontrol in respect of alleged infringements of
the provisions of the EC Treaty on competition.

Re:

Appeal brought against the judgment of the European Union
Civil Service Tribunal (First Chamber) of 14 November 2006 in
Case F-100/05 Chatziioannidou v Commission (not yet published
in the ECR) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in

part manifestly without foundation in law.

2. SELEX Sistemi Integrati Spa shall pay the costs.

(1) OJ C 217, 3.9.2005.
Communication from the Commission on the final percentage take-up for 2007 of rice import quotas provided for by Commission Regulation (EC) No 2021/2006
Date: 2007-10-20
Institutions: European Commission
Subjects: ACP countries, import licence, import policy, originating product, overseas countries and territories, rice, tariff quota

C 246/14

EN

Official Journal of the European Union

20.10.2007

Communication from the Commission on the final percentage take-up for 2007 of rice import
quotas provided for by Commission Regulation (EC) No 2021/2006

(2007/C 246/07)

The final percentage take-up of each quota provided for in Commission Regulation (EC) No 2021/2006 of
22 December 2006 opening and providing for the administration of import quotas for rice originating in
the African, Caribbean and Pacific States (ACP States) and the overseas countries and territories (OCT) (1) for
2007 is fixed as follows:

Origin/product

Serial number

Final percentage take-up of the
quota for 2007

ACP States
No 2021/2006)

(Articles 2 and 3 of Regulation (EC)

— CN codes 1006 10 21 to 1006 10 98, 1006 20 and

1006 30

09.4187

99,95 %

ACP States
No 2021/2006)

(Articles 4 and 5 of Regulation (EC)

09.4188

99,08 %

— CN code 1006 40 00

OCT (Article 8 and Article 9(1)(a) and (b) of Regulation
(EC) No 2021/2006)

— CN code 1006

(a) Netherlands Antilles and Aruba

(b) Least-developed OCT

09.4189

09.4190

75,47 %

0 %

(1) OJ L 384, 22.12.2006, p. 61.
Corrigendum to Commission Regulation (EC) No 1222/2007 of 18 October 2007 fixing representative prices in the poultrymeat and egg sectors for egg albumin, and amending Regulation (EC) No 1484/95 ( OJ L 275, 19.10.2007 )
Date: 2007-10-20
Institutions: European Commission
Subjects: animal protein, egg, egg product, import, poultrymeat, representative price

20.10.2007

EN

Official Journal of the European Union

L 277/33

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 1222/2007 of 18 October 2007 fixing representative prices in
the poultrymeat and egg sectors for egg albumin, and amending Regulation (EC) No 1484/95

(Official Journal of the European Union L 275 of 19 October 2007)

On page 31, in the table in the Annex, in the third column ‘Representative price’, for CN code 0207 14 10:

for:

‘214,1’,

read:

‘241,1’.
Case T-250/04: Judgment of the Court of First Instance of 12 September 2007 — Combescot v Commission (Staff case — Officials — Filling the post of Head of Delegation, Columbia — Rejection of candidature — Action for annulment — No legal interest in bringing proceedings — Action for damages)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), competition (EU), equal treatment, indemnification, professional qualifications, staff assessment

20.10.2007

EN

Official Journal of the European Union

C 247/27

Judgment

of

Instance
12 September 2007 — Combescot v Commission

Court

First

the

of

of

Judgment of the Court of First Instance of 12 September
2007 — Neumann v OHIM (Form of a microphone head
grill)

(Case T-250/04) (1)

(Staff case — Officials — Filling the post of Head of
Delegation, Columbia — Rejection of candidature — Action
for annulment — No legal interest in bringing proceedings —
Action for damages)

(2007/C 247/41)

Language of the case: Italian

(Case T-358/04) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark in the form of a microphone
head grill — Absolute grounds for refusal — Lack of distinc-
tive character — Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 247/42)

Language of the case: German

Parties

Applicant: Philippe Combescot (Popayan, Colombia) (represented
by: A. Maritati and V. Messa, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M. Velardo, Agents and C. Corongui,
lawyer)

Applicant: Georg Neumann GmbH (Berlin, Germany)
sented by: R. Böhm, lawyer)

(repre-

Re:

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

First, declare that the decision to exclude the applicant from the
competition to fill the post of Head of Delegation, Colombia is
unlawful, annul the procedure for that competition and annul
the decision to fill the post concerned and, secondly, award
damages to compensate the applicant for the loss suffered.

Re:

Operative part of the judgment

The Court:

Action brought against the decision of the Second Board of
Appeal of OHIM of 17 June 2004 (Case R 919/2002-2) refusing
to register, as a Community trade mark, a three-dimensional
sign in the form of a microphone head grill.

1. Orders the Commission to pay to the applicant, Mr Philippe

Operative part of the judgment

Combescot, damages of EUR 3 000;

2. Dismisses the remainder of the action;

The Court:

3. Orders the Commission to bear its own costs and to pay half the

1. Dismisses the action;

applicant's costs;

4. Orders the applicant to bear half his own costs.

2. Orders Georg Neumann GmbH to pay the costs.

(1) OJ C 217, 28.8.2004.

(1) OJ C 284, 20.11.2004.