Case T-374/04: Judgment of the Court of First Instance of 7 November 2007 — Germany v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — German national allocation plan for emission allowances — Measures for the ex-post adjustment of the amount of allowances allocated to installations — Commission rejection decision — Equal treatment — Duty to state reasons)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), greenhouse gas, reduction of gas emissions, tradeable emission permit

C 315/34

EN

Official Journal of the European Union

22.12.2007

Judgment of the Court of First Instance of 8 November
2007 — The Netherlands v Commission

Judgment of the Court of First Instance of 7 November
2007 — Germany v Commission

(Case T-234/04) (1)

(Case T-374/04) (1)

(Action for annulment — Decision 2004/01/EC — Dangerous
substances — Authorisation by the Commission required to
maintain notified national provisions — Position adopted by
the Commission on the extent of harmonisation — Challenge-
able act — Inadmissibility)

(2007/C 315/63)

Language of the case: Dutch

(Environment — Directive 2003/87/EC — Scheme for green-
house gas emission allowance trading — German national
allocation plan for emission allowances — Measures for the
ex-post adjustment of the amount of allowances allocated to
installations — Commission rejection decision — Equal treat-
ment — Duty to state reasons)

(2007/C 315/64)

Language of the case: German

Parties

Applicant: Kingdom of
Sevenster, J. van Bakel and M. de Grave, Agents)

the Netherlands (represented by: H.

Parties

Defendant: Commission of the European Communities (repre-
sented by: F. Simonetti and M. van Beek, Agents)

Intervener in support of the applicant: Kingdom of Denmark (repre-
sented by J. Molde, Agent)

Re:

ACTION for annulment of Commission Decision 2004/1/EC of
16 December 2003 concerning national provisions on the use
of short-chain chlorinated paraffins notified by the Kingdom of
the Netherlands under Article 95(4) [EC] (OJ 2004 L 1, p. 20),
in so far as, in that decision, the Commission takes the view
that its approval under Article 95(6) EC is required for the
maintenance of Netherlands legislation on the uses of short-
chain chlorinated paraffins to which no reference is made in
Directive 2002/45/EC of the European Parliament and of the
Council of 25 June 2002 amending for the 20th time Council
Directive 76/769/EEC relating to restrictions on the marketing
and use of certain dangerous substances and preparations
(short-chain chlorinated paraffins) (OJ 2002 L 177, p. 21)

Operative part of the judgment

The Court:

Applicant: Federal Republic of Germany (represented initially by
C.D. Quassowski, A. Tiemann and C. Schulze-Bahr, and subse-
quently by C. Schulze-Bahr and M. Lumma, Agents, and by D.
Sellner and U. Karpenstein, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker, Agent)

Re:

Application for partial annulment of Commission Decision
C(2004) 2515/2 final of 7 July 2004 concerning the national
allocation plan for the allocation of greenhouse gas emission
allowances notified by the Federal Republic of Germany in
accordance with Directive 2003/87/EC of the European Parlia-
ment and of the Council of 13 October 2003 establishing a
scheme for greenhouse gas emission allowance trading within
the Community and amending Council Directive 96/61/EC
(OJ 2003 L 275, p. 32), in so far as in the decision the Commis-
sion rejects certain measures for the ex-post adjustment of allow-
ances as incompatible with criteria 5 and 10 of Annex III to the
directive.

1. Dismisses the action as inadmissible;

Operative part of the judgment

2. Orders the Kingdom of the Netherlands to bear its own costs and

to pay those incurred by the Commission;

The Court:

3. Orders the Kingdom of Denmark to bear its own costs.

(1) OJ C 94, 17.4.2004 (formerly Case C-103/04).

1. Annuls Article 1 of Commission Decision C(2004) 2515/2 final
of 7 July 2004 concerning the national allocation plan for the
allocation of greenhouse gas emission allowances notified by the
Federal Republic of Germany
in accordance with Directive
2003/87/EC of the European Parliament and of the Council of
13 October 2003 establishing a scheme for greenhouse gas emis-
sion allowance trading within the Community and amending
Council Directive 96/61/EC;

22.12.2007

EN

Official Journal of the European Union

C 315/35

2. Annuls Article 2(a) to (c) of that decision in so far as it directs the
Federal Republic of Germany, first, to omit the measures for ex-
post adjustment which are referred to therein and, second, to notify
the Commission of their omission;

2. Orders Omega SA to pay the costs.

(1) OJ C 115, 14.5.2005.

3. Orders the Commission to pay the costs.

(1) OJ C 284, 20.11.2004.

Judgment of the Court of First Instance of 6 November
2007 — Omega v OHIM — Omega Engineering
(Ω OMEGA)

(Case T-90/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative and word Community trade mark
Ω OMEGA — Earlier national word mark OMEGA — Rela-
tive ground for refusal — Reliance by the applicant for the
Community trade mark on a national trade mark identical to
that applied for and earlier than the national mark cited in
opposition — Likelihood of confusion)

Judgment of the Court of First Instance of 6 November
2007 — SAEME v OHIM — Racke (REVIAN's)

(Case T-407/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark REVIAN's —
Earlier non-Community trade mark evian — Late submission
of the translation of the registration certificate for an earlier
mark — Discretion granted by Article 74(2) of Regulation
(EC) No 40/94)

(2007/C 315/66)

Language of the case: German

(2007/C 315/65)

Language of the case: English

Parties

Parties

Applicant: Omega SA (Bienne, Switzerland) (represented initially
by: P. González-Bueno Catalán de Ocón and E. Armijo Chávarri,
and subsequently by P. González-Bueno Catalán de Ocón,
lawyers)

Defendant: Office for Harmonisation in the Internal Market
Folliard-
(Trade Marks
Monguiral, Agent)

(represented by: A.

and Designs)

Applicant: Société anonyme des eaux minérales d'Évian (SAEME)
(Évian-les-Bains, France)
(represented by: C. Hertz-Eichenrode,
lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
and intervener before the Court of First Instance: A. Racke GmbH &
(represented by: N. Schindler,
Co. OHG (Bingen, Germany)
lawyer)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Omega Engineering,
Inc. (Stamford, Connecticut, United States) (represented by: C.
Algar, Solicitor)

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 10 December 2004 (Case R 330/2002-2)
relating to opposition proceedings between Omegal Engineering,
Inc. and Omega SA.

Action against the decision of the Fourth Board of Appeal of
OHIM of 22 July 2005 (Case R 82/2002 4) relating to opposi-
tion proceedings between Société anonyme des eaux minérales
d'Évian (SAEME) and A. Racke GmbH & Co. OHG, and also
against decision No 2754/2001 of the Opposition Division of
OHIM of 23 November 2001.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action;

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 22 July 2005 (Case R 82/2002 4);