Case T-403/03: Order of the Court of First Instance of 7 January 2008 — Marmara Import-Export v OHIM — Marmara Zeytin Tarim Satis (marmara) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2008-01-07
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), animal product, trade mark, trade-mark law

8.3.2008

EN

Official Journal of the European Union

C 64/37

Judgment of the Court of First Instance of 29 January 2008
— Foshan Shunde Yongjian Housewares and Hardware v
Council

Order of the Court of First Instance of 7 January 2008 —
Marmara Import-Export v OHIM — Marmara Zeytin Tarim
Satis (marmara)

(Case T-206/07) (1)

(Case T-403/03) (1)

(Anti-dumping — Importation of ironing boards originating
in the People's Republic of China and Ukraine — Under-
taking with market economy status — Rights of the defence
— Articles 2(7)(c) and 20(5) of Regulation (EC) No 384/96)

(Community trade mark — Opposition — Withdrawal of
opposition — No need to adjudicate)

(2008/C 64/59)

Language of the case: French

(2008/C 64/60)

Language of the case: German

Parties

Applicant: Foshan Shunde Yongjian Housewares & Hardware Co.
Ltd (Foshan, China)
J.-F. Bellis, avocat and
G. Vallera, barrister)

(represented by:

Parties

Defendant: Council of the European Union (represented by: J.-
P. Hixs, Agent assisted initially by B. O'Connor, solicitor and
P. Vergano, avocat, and subsequently by B. O'Connor, solicitor,
and E. McGovern, barrister)

Interveners in support of the defendant: Commission of the Euro-
pean Communities (represented by: H. van Vliet and K. Talabér-
(Rochdale) Ltd (Rochdale, United
Ricz, Agents); Vale Mill
Kingdom); Pirola SpA (Mapello, Italy); Colombo New Scal SpA
(Rovagnate,
(represented by: G. Berrisch and G. Wolf,
avocats); and the Italian Republic (represented by: I. Braguglia,
Agent assisted by W. Ferrante, avvocato dello Stato)

Italy)

Re:

Action for annulment of Council Regulation (EC) No 452/2007
of 23 April 2007 imposing a definitive anti-dumping duty and
collecting definitively the provisional duty imposed on imports
of ironing boards originating in the People's Republic of China
and Ukraine (OJ 2007 L 109, p. 12) inasmuch as it imposes an
anti-dumping duty on imports of ironing boards produced by
the applicant

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Foshan Shunde Yongjian Housewares & Hardware Co. Ltd
to bear its own costs and to pay those of the Council, Vale Mill
(Rochdale) Ltd, Pirola SpA and Colmbo New Scal SpA;

3. Orders the Commission and the Italian Republic to bear their own

costs.

Applicant: Marmara
GmbH (Düsseldorf,
Import-Export
Germany) (represented by: A. von Arnswaldt and G. Rother,
lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Weberndorfer,
Agent)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Marmara Zeytin Tarim
Satis Kooperatifleri Birligi
(represented by:
A. Andorfer-Erhard, lawyer)

(Bursa, Turkey)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 1 October 2003 (Case R 515/2002-1) concerning
opposition proceedings between Marmara Import-Export GmbH
and Marmara Zeytin Tarim Satis Kooperatifleri Birligi.

Operative part of the judgment

The Court orders:

1. There is no need to adjudicate on the action.

2. The applicant and the intervener shall bear their own costs and pay

one half each of the defendant's costs.

(1) OJ C 170, 21.7.2007.

(1) OJ C 71, 20.3.2004.