Case T-380/07: Action brought on 25 September 2007 — Kaloudis v OHIM — Fédération Française de Tennis (Roland Garros SPORTSWEAR)
Date: 2007-11-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

24.11.2007

EN

Official Journal of the European Union

C 283/39

The applicant also alleges infringement of the principle of soli-
darity and genuine cooperation, and criticises the Commission
for failing to engage in dialogue and not making it possible for
to clarify certain contentious issues before it
the applicant
adopted the contested regulation.

The applicant concludes by contending that the contested regu-
lation infringes the right freely to exercise an economic activity
introduces
inasmuch as the prohibition of catches which it
affects persons who are unable in practical terms to alter the
type of activity which they pursue and for whom fishing is their
only means of subsistence, a fortiori as that prohibition is total
and does not allow of any exceptions.

Mark or sign cited in opposition: national mark ‘Roland Garros’ for
goods in Classes 3, 16, 18, 22, 25, 28, 32, 41 and 42.

Decision of the Opposition Division: opposition upheld for all the
goods in dispute.

Decision of the Board of Appeal: appeal brought by the applicant
deemed not filed by reason of the late payment of the appeal
fee.

(1) OJ 2007 L 180, p. 3.
(2) OJ 2006 L 367, p. 1.

Action brought on 27 September 2007 — Italy v
Commission

Action brought on 25 September 2007 — Kaloudis v
OHIM — Fédération Française de Tennis (Roland Garros
SPORTSWEAR)

(Case T-380/07)

(2007/C 283/70)

Language in which the application was lodged: French

(Case T-381/07)

(2007/C 283/71)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: Dimitrios Kaloudis (Dassia-Corfu, Greece) (represented
by: G. Kaloudis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Fédération Française de Tennis

Form of order sought

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

of 19 July 2007;

— Allow the application for

the Community trade mark

Roland Garros SPORTSWEAR No 3114477 for Class 25;

— Order the other party to the proceedings before the Board

of Appeal to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: figurative mark ‘Roland Garros
SPORTSWEAR’
in Class 25 — application
No 3114477.

goods

for

Proprietor of the mark or sign cited in the opposition proceedings:
Fédération Française de Tennis

— annul Memorandum No 007584 of 18 July 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount requested. Ref. DOCUP Toscana Ob. 2 (No CCI 2000
IT 16 2DO 001);

— annul Memorandum No 009059 of 21 August 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Hungary, Italy, Malta and the Netherlands, concerning certifi-
cation and the intermediate statement of expenses and claim
for payment. Ref. DOCUP Veneto Ob. 2 2000-2006
(No CCI 2000 IT 16 2DO 005);

— annul Memorandum No 009061 of 21 August 2007 of the
for Regional
European Commission, Directorate-General
Policy — Programmes and projects in Cyprus, Greece,
Hungary,
Italy, Malta and the Netherlands, concerning
payments made by the Commission which differ from the
amount requested. Ref. DOCUP Ob. 2 ‘Lazio’ 2000-2006
(No CCI 2000 IT 16 2DO 009);

— annul Memorandum No 009249 of 29 August 2007 of the
European Commission, Directorate-General
for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands, concerning
Hungary,
payments made by the Commission which differ from the
amount
requested. Ref. DOCUP Piemonte 2000-2006
(No CCI 2000 IT 16 2DO 007);