Case T-407/07: Action brought on 8 November 2007 — CMB and Christof v Commission and EAR
Date: 2007-11-08
Institutions: Court of First Instance
Subjects: European Agency for Reconstruction, European Commission, Serbia, action for annulment (EU), award of contract, invitation to tender, medicinal product, tendering, waste

C 8/22

EN

Official Journal of the European Union

12.1.2008

Decision of the Board of Appeal: Appeal dismissed

Pleas in law and main arguments

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94 (1) in that, according to the applicant and
contrary to the findings in the contested decision, the term
‘PAYWEB CARD’ is not descriptive but, on the contrary, distinc-
tive in relation to the goods and services designated.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 8 November 2007 — CMB and Christof
v Commission and EAR

(Case T-407/07)

(2008/C 8/39)

Language of the case: English

The applicants contest the European Agency for Reconstruc-
tion's decision of 29 August 2007 confirming the rejection of
the applicants' bid and the award of the contract to another
tenderer relating to the tender notice EuropeAid/124192/D/
SUP/YU (OJ 2006/S 233-248823)
the supply, delivery,
installation, after-sales service and training in the use of supplies
for treatment and transport of medical waste throughout the
Republic of Serbia (excluding Kosovo). The applicants further
request compensation for the alleged damages caused by the
decision.

for

In support of their application, the applicants submit that the
contracting authority violated the award criteria for the tender,
as the offer of the successful tenderer did not meet the technical
specifications.

Furthermore, the applicants allege that the contracting authority
violated the applicable procurement procedure, that it did not
state reasons and that it breached the principle of sound admin-
istration.

Action brought on 7 November 2007 — Crunch Fitness
International v OHIM — ILG (CRUNCH)

Parties

Applicants: CMB Maschinenbau & Handels GmbH (Gratkorn,
Austria) and J. Christof GmbH (Graz, Austria) (represented by:
A. Petsche, N. Niejahr and Q. Azau, lawyers, and F. Young, Soli-
citor)

(Case T-408/07)

(2008/C 8/40)

Language of the case: English

Defendants: Commission of
European Agency for Reconstruction

the European Communities and

Parties

Form of order sought

— Annul the decision;

— order the EAR to produce certain documents;

— order the EAR to pay damages in respect of the loss suffered
by the applicants in the amounts of EUR 26 862,17 and
EUR 3 197 968,80 for costs and lost profit, plus compensa-
tory interest from the date on which the damage materia-
lised;

— order the EAR to pay interest on the damages from the date

of judgment;

— order the EAR and the Commission to pay their own costs
and the applicants' costs in connection with these proceed-
ings.

Applicant: Crunch Fitness International Inc. (New York, United
States) (represented by: J. Barry, Solicitor)

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

Other party to the proceedings before the Board of Appeal: ILG Ltd
(Dun Laoghaire, Ireland)

Form of order sought

— The decision of the Fourth Board of Appeal in relation to

class 41 of the CTM be annulled;

— the CTM remain registered for services in class 41; and

— order that OHIM pay its costs both in these proceedings and

in the appeal proceedings before OHIM.