Case T-323/07: Action brought on 30 August 2007 — El Morabit v Council of the European Union
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), natural person, sanction (EU), terrorism

C 269/52

EN

Official Journal of the European Union

10.11.2007

Action brought on 30 August 2007 — El Morabit v
Council of the European Union

Action brought on 3 September 2007 — Caisse Fédérale du
Crédit Mutuel Centre Est Europe v OHIM (SURFCARD)

(Case T-323/07)

(2007/C 269/93)

Language of the case: Dutch

(Case T-325/07)

(2007/C 269/94)

Language in which the application was lodged: French

Parties

Applicant: Mohamed El Morabit
(represented by: U. Sarikaya, lawyer)

(Amsterdam, Netherlands)

Defendant: Council of the European Union

Form of order sought

— Annul the Council's decision of 28 June 2007.

Pleas in law and main arguments

The applicant contests the decision (1) whereby the Council
decided that a decision had been taken with respect to the appli-
authority within the meaning of
cant by a
Article 1(4) of the common position and that the applicant
should continue to be subject to the specific restrictive measures
provided for in Regulation (EC) No 2580/2001.

competent

The applicant submits that, although he has been found guilty
by a court of participating in a criminal organisation with
terrorist aims, he has appealed against that judgment. The Coun-
cil's decision is also premature and conflicts with Article 6 of
the ECHR and Articles 47 and 48 of the Charter of Funda-
mental Rights of the European Union.

(1) 2007/445/EC: Council Decision of 28 June 2007 implementing
Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive
measures directed against certain persons and entities with a view to
combating terrorism and repealing Decisions 2006/379/EC and
2006/1008/EC (OJ 2007 L 169, p. 58).

Parties

Applicant: Caisse Fédérale du Crédit Mutuel Centre Est Europe
(Strasbourg, France) (represented by: P. Greffe and J. Schoumann,
lawyers)

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

Form of order sought

— Annulment of the decision of the First Board of Appeal of
OHIM of 14 June 2007, Case R 1130/2006-1 refusing
application for
registration of Community trade mark
‘SURFCARD’, application No 3 837 564, for goods and
services sought in classes 9, 36 and 38;

— Registration of Community

trade mark

‘SURFCARD’

No 3 837 564 for all of the goods and services sought.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘SURFCARD’ for
goods and services
in classes 9, 36 and 38 (application
No 3 837 564)

Decision of examiner: Application for registration partially refused

Decision of the Board of Appeal: Action dismissed

in law:

Pleas
Infringement of Article 7(1)(b)of Regulation
No 40/94 of the Council (1) in that, according to the applicant
and contrary to observations in the contested decision,
the
expression ‘SURFCARD’ is arbitrary and distinctive in relation to
the goods and services sought.

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

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