Case T-335/07: Action brought on 4 September 2007 — Mergel and Others v OHIM (Patentconsult)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), consultancy, industrial property, patent, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/55

Action brought on 31 August 2007 — Denka International
v Commission

Pleas in law and main arguments

(Case T-334/07)

(2007/C 269/98)

Language of the case: English

Parties

Applicant: Denka International BV (Barneveld, Netherlands)
(represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Order the annulment of Decision 2007/387/EC of 6 June
2007 concerning the non-inclusion of dichlorvos in Annex I
to Council Directive 91/414/EEC and the withdrawal of
authorisations for plant protection products containing that
substance; and

— order the defendant to pay all costs and expenses in these
proceedings, as well as compensatory and moratory interests
of 8 %.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are identical or similar to those relied on in Case T-326/07
Cheminova and Others v Commission.

Community trade mark concerned: The word mark ‘Patentconsult’
for services in Classes 35, 41 and 42 (application No 4 439 774).

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1), since the trade mark applied for is not
descriptive and does not lacks the necessary distinctive char-
acter.

(1) Council Regulation (EC) No 40/1994 of 20 December 1993 on the

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

Action brought on 10 September 2007 — Telefónica and
Telefónica de España v Commission

(Case T-336/07)

(2007/C 269/100)

Language of the case: Spanish

Parties

Applicants: Telefónica, S.A. and Telefónica de España, S.A.
(Madrid)
(represented by: F.-E. González Díaz and S. Sorinas
Jimeno, lawyers)

Action brought on 4 September 2007 — Mergel and
Others v OHIM (Patentconsult)

Defendants: Commission of the European Communities

(Case T-335/07)

(2007/C 269/99)

Language of the case: German

Parties

(Wiesbaden, Germany), Klaus
Applicants: Volker Mergel
(Darmstadt,
(Hofheim, Germany), Burkart Bill
Kampfenkel
Germany) and Andreas Herden (Wiesbaden) (represented by G.
Friderichs, lawyer)

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

Form of order sought

— annul under Article 230 of the EC Treaty the Decision of
the Commission of the European Communities of 4 July
2007 in Case COMP/38.784 — Wanadoo España vs.
Telefónica;

— in the alternative, annul or reduce under Article 229 of the
EC Treaty the amount of the fine imposed on it under that
decision;

— in any event, order

the Commission of

the European

Communities to pay the costs.

Pleas in law and main arguments

Form of order sought

— Annul the Decision of the Fourth Board of Appeal of the

defendant of 25 June 2007 (Case R 299/2007-4);

— Order the defendant to pay the costs.

The present action is directed against the Decision of 4 July
2007 relating to proceedings under Article 82 of the EC Treaty
(Case COMP/38.784 — Wanadoo España vs. Telefónica) under
which the Commission imposed a fine of EUR 151 875 000 on
Telefónica, S.A., jointly and severally with Telefónica de España,
in respect of alleged margin squeeze.