Case T-474/07: Action brought on 21 December 2007 — Commission v CAE Consulting
Date: 2007-12-21
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), contract, information technology, redemption, research and development, research programme

C 79/28

EN

Official Journal of the European Union

29.3.2008

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
intervening before the Court of First Instance: GD Searle LLC (New
York, New York, United States of America)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 3 February 2006 (Case R 227/2005-1) concerning
opposition proceedings between Sanofi-Aventis SA and GD
Searle LLC.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sanofi-Aventis SA to pay the costs.

(1) OJ C 190, 12.8.2006.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark
‘ENERCON’ for goods in Classes 16, 18, 24, 25, 28 and 32 —
Application No 3 326 031

Proprietor of the mark or sign cited in the opposition proceedings:
Hasbro Inc.

Mark or sign cited: The Community word mark ‘TRANSFOR-
MERS ENERGON’ for goods in classes 16, 18, 24, 25, 28, 30
and 32 — Application No 3 152 121 as well as the earlier
non-registered marks
and
‘ENERGON’

‘TRANSFORMERS

ENERGON’

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of the Community
Trade Mark Regulation (EC) No 40/94.

Action brought on 21 December 2007 — Enercon v OHIM
— Hasbro (ENERCON)

Action brought on 21 December 2007 — Commission v
CAE Consulting

(Case T-472/07)

(2008/C 79/55)

(Case T-474/07)

(2008/C 79/56)

Language in which the application was lodged: English

Language of the case: French

Parties

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R.
Böhm, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hasbro
Inc. (Pawtucket, United States)

Form of order sought

— That the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 25 October 2007 in Case R 959/2006-4 be
annulled insofar as it dismissed the appeal of Enercon
GmbH against the decision of the opposition division of
26 May 2006 ruling on opposition No B 763 666;

— that the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) is to be ordered to bear its own
costs and to pay those of the applicant.

Applicant: Commission of the European Communities (repre-
sented by: A.-M. Rouchaud-Joët, S. Lejeune, acting as Agents,
and O. Prost, avocat)

Defendant: CAE Consulting GmbH (Sexau, Germany)

Form of order sought

— declare the Commission's application to be admissible and

well founded and, in accordance with it,

— order the defendant to pay to the Commission the sum of
EUR 25 574 in capital,
sum of
EUR 10 189,31 by way of default interest until 31 December
2007, and, from 1 January 2008 onwards until all sums
have been paid, to pay EUR 3,67 for each day of delay, with
this interest to be capitalised from 31 May 2001 onwards;

together with the

— order the defendant to pay all costs.

29.3.2008

EN

Official Journal of the European Union

C 79/29

Pleas in law and main arguments

and the environment in the area where the project that is being
financed is located.

together with default

By this action, the applicant requests that the defendant be
ordered to repay the balance of the advance disbursed to it by
the Community,
following its
failure to perform the part of the cost reimbursement contract
EP No 26970 concluded with the consortium of which it was a
member, concerning the project ‘Neutral Archiving of EDA Data
(ARCHIVE)’, implemented within the framework of the Fourth
European Strategic Programme for Research and Development
in Information Technologies (ESPRIT) (1994-1998).

interest,

The applicant submits that the contested decision, the content
of which it maintains came to its notice on 9 November 2007,
infringes a number of provisions of primary Community law
for the protection of health and the environment as well as
provisions of secondary Community law giving concrete expres-
sion to the primary law.

the financing of

the applicant claims that

Specifically,
the
project contravenes the aims of maintaining, protecting and
improving the quality of the environment, of protecting public
health and of using natural resources in a wise and rational
manner.
in the applicant's view the contested
Commission decision infringes first and foremost Articles 3, 4
and 6 of Directive 75/442 (1) and Articles 3 and 4 of Directive
91/156 (2), which lay down specific obligations in the areas of
prevention or reduction of waste production and its harmful-
ness.

In addition,

Lastly, according to the applicant, it is clear that the creation of
a waste management and disposal facility within a protected
area cannot
in any circumstances be regarded as a project
eligible for financing by a financial instrument such as the Cohe-
sion Fund, which by definition should finance only works
complying with the requirements of protection of the environ-
ment.

(1) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975

L 194, p. 39).

(2) Council Directive 91/156/EEC of 18 March 1991 amending Direc-

tive 75/442/EEC on waste (OJ 1991 L 78, p. 32).

Action brought on 18 January 2008 — Liga para a
Protecção da Natureza v Commission of the European
Communities

(Case T-29/08)

(2008/C 79/58)

Language of the case: Portuguese

Action brought on

4

January

2008 — Kinotita

Grammatikou v Commission

(Case T-13/08)

(2008/C 79/57)

Language of the case: Greek

Parties

Applicant: Kinotita Grammatikou (Community of Grammatiko)
(Athens, Greece) (represented by: A. Papakonstantinou and M.
Khaïntarlis, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul Commission Decision C(2004) 5509 of 21 December
2004 relating to the grant of assistance from the Cohesion
Fund for the project ‘Construction of a Landfill Site at the
Integrated Waste Management Facility of North-East Attica
at the location “Mavro Vouno Grammatikou”, in the Hellenic
Republic’;

— in the event of doubt, order an on-the-spot inspection in the
technical opinions to

project area and seek independent
corroborate the applicant's submissions;

— order the Commission to pay the applicant's costs.

Pleas in law and main arguments

Parties

As regards its locus standi to bring the action for annulment on
the basis of Article 230 EC, the applicant considers that the
contested decision, which seeks the creation of a landfill site on
an area which is within the boundaries of the Community of
Grammatiko, is of direct and individual concern to it because it
is a public body responsible for the protection of public health

Applicant: Liga para a Protecção da Natureza (LPN)
Portugal) (represented by: P. Vinagre e Silva, lawyer)

(Lisbon,

Defendant: Commission of the European Communities