Case T-461/04: Judgment of the Court of First Instance of 20 September 2007 — Imagination Technologies v OHIM (PURE DIGITAL) (Community trade mark — Application for the Community word mark PURE DIGITAL — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation No 40/94)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telecommunications, trade-mark law

C 269/46

EN

Official Journal of the European Union

10.11.2007

relating to the

interim measures proceedings

4. Orders Microsoft to bear its own costs and to pay the Commission's
in Case
costs
T-201/04 R, with the exception of
the costs incurred by the
Commission in connection with the intervention of The Computing
Technology Industry Association, Association for Competitive Tech-
nology, TeamSystem, Mamut, DMDsecure.com, MPS Broadband,
Pace Micro Technology, Quantel, Tandberg Television and Exor;

5. Orders Microsoft

to pay the costs of Software & Information
Europe,
Industry Association,
Audiobanner.com and European Committee
Interoperable
Systems (ECIS), including those relating to the interim measures
proceedings;

Foundation
for

Software

Free

6. Orders the Commission to bear 20 % of its own costs and to pay
20 % of Microsoft's costs, with the exception of the costs incurred
by Microsoft in connection with the intervention of Software &
Information Industry Association, Free Software Foundation
Europe, Audiobanner.com and ECIS;

7. Orders The Computing Technology Industry Association, Associa-
tion for Competitive Technology, TeamSystem, Mamut, DMDse-
cure.com, MPS Broadband, Pace Micro Technology, Quantel,
Tandberg Television and Exor to bear their own costs,
including
those relating to the interim measures proceedings.

(1) OJ C 179 of 10.7.2004.

Judgment of the Court of First Instance (First Chamber,
Extended Composition) of 17 September 2007 — France v
Commission

(Case T-240/04) (1)

(European Atomic Energy Community — Investments —
Communication to Commission of investment projects —
Procedures — Regulation (Euratom) No 1352/2003 —
Commission's lack of competence — Articles 41 EA to 44 EA
— Principle of legal certainty)

(2007/C 269/81)

Language of the case: French

Parties

Applicant: French Republic (represented initially by: F. Alabrune,
G. de Bergues, C. Lemaire and E. Puisais, then by G. De Bergues
and S. Gasri, agents)

Defendant: Commission of the European Communities (repre-
sented by: M. Patakia)

in support of

Interveners
the applicant: Federal Republic of
Germany (represented by C.-D Quassowski and A. Tiemann,
agents) and Kingdom of Belgium (represented initially by D.
Haven, then by M. Wimmer, and then by A Hubert, agents,
assisted by J.-F. De Bock, lawyer)

Re:

of

Regulation

Commission

Annulment
(Euratom)
No 1352/2003 of 23 July 2003 amending Regulation (EC)
effecting the
No 1209/2000 determining procedures
communications prescribed under Article 41 of
the Treaty
establishing the European Atomic Energy Community (OJ 2003
L 192, p. 15).

for

Operative part of the judgment

The Court:

1. Annuls Commission Regulation (Euratom) No 1352/2003 of
23 July 2003 amending Regulation (EC) No 1209/2000 deter-
mining procedures
for effecting the communications prescribed
under Article 41 of the Treaty establishing the European Atomic
Energy Community;

2. Orders the Commission to pay the costs of the French Republic;

3. Orders the Federal Republic of Germany and the Kingdom of

Belgium to bear their own costs.

(1) OJ C 304 of 13.12.2003 (formerly Case C-455/03).

Judgment of the Court of First Instance of 20 September
2007 — Imagination Technologies v OHIM (PURE
DIGITAL)

(Case T-461/04) (1)

(Community trade mark — Application for the Community
word mark PURE DIGITAL — Absolute grounds for refusal
— Article 7(1)(b) and (c) of Regulation (EC) No 40/94 —
Distinctive character acquired through use — Article 7(3) of
Regulation No 40/94)

(2007/C 269/82)

Language of the case: English

Parties

Imagination

Applicant:
Hertfordshire, United Kingdom)
ough, Barrister, and P. Brownlow and N. Jenkins, Solicitors)

Langley,
(Kings
(represented by: M. Edenbor-

Technologies

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Schennen initially
and subsequently by D. Botis, acting as Agents)

Re:

the Second
Application for annulment of
Board of Appeal of OHIM of 16 September 2004 (Case
R 108/2004-2), concerning an application for the registration
of the word mark PURE DIGITAL as a Community trade mark

the decision of

10.11.2007

EN

Official Journal of the European Union

C 269/47

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 57, 5.3.2005.

Judgment of the Court of First Instance (Fifth Chamber) of
20 September 2007 — EARL Salvat père & fils and others
v Commission

(Case T-136/05) (1)

(State aid — Wine-production conversion measures — Deci-
sion declaring aid partly compatible and partly incompatible
with the common market — Action for annulment — Admis-
sibility — Obligation to State reasons — Assessment in light
of Article 87(1) EC)

(2007/C 269/83)

Language of the case: French

Parties

Applicants: EARL Salvat père & fils (Saint-Paul-de-Fenouillet,
France); Comité interprofessionnel des vins doux naturels and
vins de liqueur à appellations contrôlées (CIVDN) (Perpignan,
France); and Comité national des interprofessions des vins à
appellation d'origine (CNIV) (Paris, France) (represented by: H.
Calvet and O.Billard, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Giolito and A. Stobiecka-Kuik, agents)

Intervener in support of the applicants: French Republic (represented
by G. de Bergues, agent)

Re:

Judgment of the Court of First Instance (Third Chamber)
2007 — Fachvereinigung
of

September

20

Mineralfaserindustrie v Commission

(Case T-254/05) (1)

(State Aid — Measures to promote the use of insulation mate-
rial from renewable raw materials — Decision declaring aid
compatible with the common market — Preliminary examina-
tion — Action for annulment — Professional association —
Meaning of ‘party concerned’ in Article 88(2) EC — Pleas in
law on validity of decision — Inadmissibility)

(2007/C 269/84)

Language of the case: German

Parties

Applicant: Fachvereinigung Mineralfaserindustrie eV Deutsche
Gruppe der Eurima — European Insulation Manufacturers Asso-
(represented by: T.
ciation (Frankfurt am Main, Germany)
Schmidt -Kötters, D. Uwer and K. Najork)

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz)

in support of

Intervener
the defendant: Federal Republic of
Germany (represented by M. Lumma and C. Schulze-Bahr,
agents)

Re:

Action for annulment of Commission Decision C(2005) 379 of
11 February 2005 relating to State Aid N 260b/2004 (Germany
— Prolongation of the scheme to promote the use of insulation
material from renewable raw materials)

Action for annulment of Article 1(1) and (3) of Decision
2007/253/EC of the Commission of 19 January 2005 on the
Rivesaltes plan and CIVDN parafiscal charges operated by France
(OJ 2007 L 112, p. 1).

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicants to pay the costs;

3. Orders the French Republic to bear its own costs.

1. Dismisses the action as inadmissible;

2. Orders Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe
der Eurima — European Insulation Manufacturers Association to
bear its own costs and to pay the costs of the Commission;

3. Orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 132 of 28.5.2005.

(1) OJ C 229 of 17.9.2005.