Case T-326/07 R: Order of the President of the Court of First Instance of 4 December 2007 — Cheminova and Others v Commission (Application for interim relief — Directive 91/414/EEC — Application for suspension of operation of a measure — Admissibility — No urgency)
Date: 2007-12-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, marketing restriction, pharmaceutical product, plant health legislation, plant health product, withdrawal from the market

26.1.2008

EN

Official Journal of the European Union

C 22/45

Judgment of the Court of First Instance of 13 December
2007 — Cabrera Sánchez v OHIM — Industrias Cárnicas
Valle (el charcutero artesano)

Order of the President of the Court of First Instance of
4 December 2007 — Cheminova and Others v Commission

(Case T-242/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark el charcutero arte-
sano — Earlier national figurative mark El Charcutero —
Relative ground for refusal — No likelihood of confusion —
Absence of similarity between the signs — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2008/C 22/83)

Language of the case: Spanish

Parties

(Case T-326/07 R)

(Application for interim relief — Directive 91/414/EEC —
Application for suspension of operation of a measure —
Admissibility — No urgency)

(2008/C 22/84)

Language of the case: English

Parties

Applicants: Cheminova A/S (Harboøre, Denmark), Cheminova
Agro Italia Srl (Rome, Italy), Cheminova Bulgaria EOOD (Sofia,
Bulgaria), Agrodan, SA (Madrid, Spain) and Lodi SAS (Grand
Fougeray, France)
(represented by: C. Mereu and K. Van
Maldegem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty and L. Parpala, Agents)

Applicant: Miguel Cabrera Sánchez (Móstoles, Spain) (represented
by: J. Calderón Chavero and T. Villate Consonni, lawyers)

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo,
Agent)

Other party to the proceedings before the Board of Appeal of OHIM:
Industrias Cárnicas Valle, SA (Madrid, Spain)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 15 June 2006 (Case R 790/2005-1) relating to
opposition proceedings between Miguel Cabrera Sánchez and
Industrias Cárnicas Valle, SA.

Application for suspension of
the operation of Commission
Decision 2007/389/EC of 6 June 2007 concerning the non-
inclusion of malathion in Annex I
to Council Directive
91/414/EEC and the withdrawal of authorisations for plant
protection products containing that substance (OJ 2007 L 146,
p. 19) pending the full resolution of the dispute in the main
proceedings

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Operative part of the judgment

The Court:

1. Dismisses the action;

Action brought on 19 November 2007 — Euro-Information
v OHIM (Representation of a hand holding a card plus
three triangles)

(Case T-414/07)

(2008/C 22/85)

Language of the case: French

2. Orders Miguel Cabrera Sánchez to bear his own costs and to pay
those incurred by the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM).

Parties

(1) OJ C 261, 28.10.2006.

Applicant: Européene de traitement de l'Information (Euro-Infor-
mation)
(represented by P. Greffe and
M. Chaminade, lawyers)

(Strasbourg, France)

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