Case T-466/07: Action brought on 25 December 2007 — Osram v Council
Date: 2007-12-25
Institutions: Court of First Instance
Subjects: China, Council of the European Union, Germany, Pakistan, Philippines, Viet Nam, action for annulment (EU), anti-dumping duty, export, import, lighting equipment, originating product

C 51/52

EN

Official Journal of the European Union

23.2.2008

Pleas in law and main arguments

nuation of the anti-dumping duties for one year instead of the
five-year period foreseen in the Basic Regulation (2).

Community trade mark concerned: The word mark ‘PharmaRe-
in Class 9 (Application
search’
No 5 309 836)

and services

for goods

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Art 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1), since there were no grounds for refusal of
registration.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 25 December 2007 — Osram v Council

(Case T-466/07)

(2008/C 51/95)

Language of the case: English

In support of its application, the applicant submits, first of all,
that the Council committed a manifest error of assessment by
holding that two entities of the Philips group are ‘Community
producers’ within the meaning of Article 4(1)(a) of the Basic
Regulation.

Secondly, the applicant submits that the Council committed a
manifest error of law by applying a Community interest test
even though such a test is not foreseen for an expiry review.

the applicant contends that

Thirdly,
the Council breached
Article 11(2) of the Basic Regulation and abused its powers by
limiting the duration of the anti-dumping duties to one year.

Finally, the applicant alleges that the Council based the Com-
munity interest test on manifestly erroneous factual findings,
made an erroneous assessment and failed to state reasons.

(1) OJ 2007 L 272, p. 1.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).

Parties

Action brought on 21 December 2007 — Du Pont de
Nemours (France) and Others v Commission

Applicant: Osram GmbH (Munich, Germany)
R. Bierwagen, lawyer)

(represented by:

Defendant: Council of the European Union

Form of order sought

— Annul Council Regulation (EC) No 1205/2007 and order
that the contested regulation's effects be upheld until a fresh
review regulation comes into force.

Parties

(Case T-467/07)

(2008/C 51/96)

Language of the case: English

— Order

the defendant

to bear

the costs of

the present

proceedings.

Pleas in law and main arguments

light bulbs,

The applicant, who is a German producer of a broad range of
various types of
including integrated electronic
fluorescent lamps (CFL-i), seeks the annulment of Council Regu-
lation (EC) No 1205/2007 of 15 October 2007 imposing anti-
dumping duties on imports of integrated electronic compact
fluorescent lamps (CFL-i) originating in the People's Republic of
China following an expiry review pursuant to Article 11(2) of
Council Regulation (EC) No 384/96 and extending to imports
of the same product consigned from the Socialist Republic of
Vietnam, the Islamic Republic of Pakistan and the Republic of
the Philippines (1), as this regulation only provides for the conti-

Applicants: Du Pont de Nemours (France) SAS (Puteaux, France),
Du Pont Portugal — Serviços,
sociedade unipessoal, Ld.a
(Lisbon, Portugal), Du Pont Ibérica SL (Barcelona, Spain), E.I. du
Pont de Nemours & Co (Wilmington, United States), Du Pont de
Nemours Italiana SRL (Milan,
Italy), Du Pont De Nemours
(Nederland) BV (Dordrecht, Netherlands), Du Pont de Nemours
(Deutschland) GmbH (Bad Homburg v.d. Höhe, Germany),
DuPont Poland sp.
(Warsaw, Poland), DuPont
International
Romania SRL (Bucharest, Rumania), DuPont
Operations SARL (Le Grand Saconnex, Switzerland), Du Pont de
Nemours International SA (Le Grand Saconnex, Switzerland),
DuPont Solutions (France) SAS (Puteaux, France), Du Pont Agro
Hellas AE (Halandri, Greece) (represented by: D. Waelbroeck and
I. Antypas, lawyers)

z o. o.

Defendant: Commission of the European Communities