Case T-501/07: Action brought on 24 December 2007 — RS Arbeitsschutz v OHIM — RS Components (RS)
Date: 2007-12-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electrical engineering, plastics industry, trade-mark law

8.3.2008

EN

Official Journal of the European Union

C 64/53

Action brought on 24 December 2007 — RS Arbeitsschutz
v OHIM — RS Components (RS)

Action brought on 8 January 2008 — Buczek Automotive
v Commission

(Case T-501/07)

(2008/C 64/84)

Language in which the application was lodged: English

(Case T-1/08)

(2008/C 64/85)

Language of the case: Polish

Parties

Applicant: R. S. Arbeitsschutz Bedarfshandesgesellschaft mbH
(Kaltenkirchen, Germany) (represented by: M. Ivens, lawyer)

Parties

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

Other party to the proceedings before the Board of Appeal: RS
Components Ltd (Corby, United Kingdom)

Applicant: Buczek Automotive sp. z o.o.
(represented by: T. Gackowski, legal adviser)

(Sosnowiec, Poland)

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul

the decision of

the Second Board of Appeal of
16 October 2007, notified to the applicant on 26 October
2007 in Case R 531/2007-2 and of the decision of the
Opposition Division of 13 February 2007 ruling on Opposi-
tion No B 902 660.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

— declare invalid Articles 1, 3(1) and 3(3) of the Commission
decision of 23 October 2007 in Case No C 23/2006 (ex
NN 35/2006) concerning State aid granted by Poland to the
steel producer Grupa Technologie Buczek;

— in the alternative, declare invalid Articles 1, 3(1) and 3(3) of
the Commission decision of 23 October 2007 in Case No
C 23/2006 (ex NN 35/2006) concerning State aid granted
by Poland to the steel producer Grupa Technologie Buczek
in so far
recovery of
PLN 7 183 528 from the company Buczek Automotive sp.
z o.o.;

the Commission orders

as

Community trade mark concerned: The Community figurative trade
mark composed of a device of a stylised glove or hand and the
bold capital letters ‘RS’ for goods in class 9, 17 and 25 — appli-
cation No 4 113 981

Proprietor of the mark or sign cited in the opposition proceedings:
RS Components Ltd

— declare invalid Articles 4 and 5 of the Commission decision
of 23 October 2007 in Case No C 23/2006 (ex NN 35/
2006) concerning State aid granted by Poland to the steel
producer Grupa Technologie Buczek in so far as those provi-
sions concern the effecting of recovery from Buczek Auto-
motive sp. z o.o.;

— order the Commission to pay the costs of the proceedings.

Mark or sign cited: The Community figurative trade mark ‘RS’ for
goods in class 9, 17 and 25

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law and main arguments

In support of the form of order which it seeks, the applicant
puts forward pleas in law which overlap with those raised by
the applicant in Case T-440/07 Huta Buczek v Commission (1).

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation (EC) No 40/94.

(1) OJ 2008 C 22, p. 50.