Case T-86/05: Judgment of the Court of First Instance of 12 December 2007 — K & L Ruppert Stiftung v OHIM — Lopes de Almeida Cunha and Others (CORPO livre) (Community trade mark — Opposition proceedings — Application for the figurative mark CORPO LIVRE — National and international word marks LIVRE — Proof of use of the earlier marks submitted out of time)
Date: 2007-12-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, trade-mark law

C 22/40

EN

Official Journal of the European Union

26.1.2008

COURT OF FIRST INSTANCE

Judgment

of

the

Court

of

First

Instance

of

12 December 2007 — Pagliacci v Commission

(Case T-307/04) (1)

(Officials — Open competition — Failure
to include
candidate's name on the reserve list — Breach of the notice of
competition — Qualifications and professional experience
required)

(2008/C 22/72)

Language of the case: French

Defendant: Commission of the European Communities (repre-
Joris and H. Krämer, acting as Agents, and B.
sented by: V.
Wägenbaur, lawyer)

Re:

Action for annulment of the decisions relating to the fixing of
the applicant's monthly salary for the months of May 2004 to
February 2005, application for a fresh calculation of that salary
and action for annulment of the express decision to reject the
applicant's claim, notified to him on 26 November 2004.

Parties

(represented by:
Applicant: Carlo Pagliacci
S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers, initi-
ally, and F. Schiaudone, lawyer, subsequently)

(Brussels, Belgium)

Operative part of the judgment

The Court:

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and H. Tserepa-Lacombe, Agents)

1. Dismisses the action;

2. Orders each party to bear its own costs.

Re:

Action for annulment of the decision of the selection board of
competition COM/A/1/02, which gave the applicant insufficient
points in the tests for his name to be included in the list of
successful candidates.

(1) OJ C 106, 30.4.2005.

Operative part of the judgment

The Court:

1. Annuls

the

decision of

competition
COM/A/1/02 which gave Mr Carlo Pagliacci insufficient points in
the tests for his name to be included in the list of successful candi-
dates;

section board

the

of

2. Orders the Commission to pay the costs.

(1) OJ C 262, 14.5.2005.

Judgment of the Court of First Instance of 12 December
2007 — K & L Ruppert Stiftung v OHIM — Lopes de
Almeida Cunha and Others (CORPO livre)

(Case T-86/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative mark CORPO LIVRE — National
and international word marks LIVRE — Proof of use of the
earlier marks submitted out of time)

(2008/C 22/74)

Language of the case: German

Judgment of the Court of First Instance of 11 December
2007 — Sack v Commission

(Case T-66/05) (1)

Parties

(Civil service — Official — Action for annulment — Respon-
sibility bonus — Duties of ‘Head of unit’ — Equal treatment
— Duty to state reasons — Language provisions)

Applicant: K & L Ruppert Stiftung & Co. Handels-KG (Weilheim,
Germany)
(represented by: D. Spohn and A. Kockläuner,
lawyers)

(2008/C 22/73)

Language of the case: German

Parties

Applicant:
Lehmann-Brauns and D. Mahlo, lawyers)

Jörn Sack (Berlin, Germany)

(represented by: U.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM:
Natália Cristina Lopes de Almeida Cunha (Vila Nova de Gaia,
Portugal); Cláudia Couto Simões, (Vila Nova de Gaia); and Marly
Lima Jatobá (Vila Nova de Gaia)

26.1.2008

EN

Official Journal of the European Union

C 22/41

Re:

Operative part of the judgment

the decision of

Action brought against
the First Board of
Appeal of OHIM of 7 December 2004 (Case R 328/2004-1),
relating to opposition proceedings between K & L Ruppert Stif-
tung & Co. Handels-KG and Natália Cristina Lopes de Almeida
Cunha, Cláudia Couto Simões and Marly Lima Jatobá

The Court:

1. Disjoins Case T-112/05 Akzo Nobel and Others v Commission
from Cases T-101/05 and T-111/05 for the purposes of the judg-
ment;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, K & L Ruppert Stiftung & Co. Handels-KG,

to pay the costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court of First Instance of 12 December
2007 — BASF and UCB v Commission

2. Annuls Article

of

and

1(b)

Commission Decision
(f)
2005/566/EC of 9 December 2004 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case COMP/E-2/37.533 — Choline Chloride) in so far as it
makes a finding of infringement against BASF AG and UCB SA
during the period before 29 November 1994 in BASF's case and
before 14 March 1994 in UCB's case;

3. In Case T-101/05,
EUR 35,024 million;

4. In Case T-111/05,
EUR 1,870 million;

sets

the

fine

imposed on BASF at

sets

the

fine

imposed

on UCB at

5. Dismisses the remainder of the applications;

6. In Case T-101/05, orders the parties to bear their own costs;

7. In Case T-111/05, orders the Commission, in addition to bearing

its own costs, to pay 90 % of the costs incurred by UCB.

(Joined Cases T-101/05 and T-111/05) (1)

(1) OJ C 115, 14.5.2005.

(Competition — Agreements, decisions and concerted practices
in the vitamin products sector — Choline chloride (vitamin
B4) — Decision finding an infringement of Article 81 EC and
Article 53 of the Agreement on the European Economic Area
— Fines — Deterrence — Repeat infringement — Coopera-
tion during the administrative procedure — Single and contin-
uous infringement)

(2008/C 22/75)

Languages of the case: English and French

Parties

Applicants: BASF AG (Ludwigshafen, Germany) (represented by:
N. Levy, Barrister, J. Temple Lang, Solicitor, and C. Feddersen,
Lawyer) and UCB SA (Brussels, Belguim)
(represented by J.
Bourgeois, J.-F. Bellis and M. Favart, Lawyers)

Judgment of the Court of First Instance of 12 December
2007 — Akzo Nobel and Others v Commission

(Case T-112/05) (1)

(Competition — Cartels in the vitamin products sector —
Choline chloride (Vitamin B4) — Decision finding an infrin-
gement of Article 81 EC and Article 53 of the Agreement on
the
the European Economic Area — Attributability of

infringement)

(2008/C 22/76)

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: in Case T-101/05 A. Whelan and F. Amato and in
Case T-111/05 initially O. Beynet and F. Amato, and subse-
quently X. Lewis and F. Amato, Agents)

Parties

Re:

Application for annulment or reduction of the fines imposed on
the applicants by the Commission Decision of 9 December
2004 relating to a proceeding under Article 81 [EC] and
Article 53 of the EEA Agreement (Case COMP/E-2/37.533 —
Choline chloride)
(summary published in OJ 2005 L 190,
p. 22).

Applicants: Akzo Nobel
(Arnhem, Netherlands), Akzo Nobel
Nederland BV (Arnhem), Akzo Nobel Chemicals International
BV (Amersfoort, Netherlands), Akzo Nobel Chemicals BV
(Amersfoort),
BV
(Amersfoort) (represented by: initially C. Swaak and J. de Gou,
and subsequently C. Swaak, M. van der Woude and M. Mollica,
Lawyers)

Akzo Nobel

Functional

Chemicals

Defendant: Commission of the European Communities (repre-
sented by: A. Whelan and F. Amato, Agents)