Case T-410/07 R: Order of the President of the Court of First Instance of 18 February 2008 — Jurado Hermanos v OHIM (JURADO) (Interim measures — Community trade mark — Removal of the trade mark from the register — Application for restitutio in integrum — Inadmissibility)
Date: 2008-02-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), coffee, trade-mark law

C 92/28

EN

Official Journal of the European Union

12.4.2008

Order of the Court of First Instance of 31 January 2008 —
Aluminium Silicon Mill Products v Commission

(Case T-151/06) (1)

(Dumping — Reimbursement of anti-dumping duties —
Annulment
definitive
anti-dumping duty — No need to adjudicate — Rules
governing costs)

regulation

imposing

the

of

a

(2008/C 92/56)

Language of the case: English

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: R. Pethke, acting as
Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Avensa AG (Zoug,
Switzerland)

Re:

Action brought against the decision of the Second Chamber of
the Board of Appeal of OHIM of 11 September 2006 (Case
R 668/2005-2) concerning opposition proceedings between
Avensa AG and Altana Pharma AG.

Parties

Applicant: Aluminium Silicon Mill Products GmbH (Zug,
Switzerland)
(represented by: L. Ruessmann and A. Willems,
lawyers)

Operative part of the order

The Court:

Defendant: Commission of the European Communities (repre-
sented by: P. Stancanelli and T. Scharf, Agents)

1. The action is dismissed as in part manifestly inadmissible and in

part manifestly wholly unfounded in law.

2. Altana Pharma AG is ordered to pay the costs.

Re:

annulment

APPLICATION for
of Commission Decision
C(2006) 1183 final of 3 April 2006 rejecting in part the appli-
cations for reimbursement of anti-dumping duties levied on
imports of silicon originating in Russia

(1) OJ C 326, 31.12.2006.

Operative part of the order

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

2. The Commission is ordered to pay the costs.

(1) OJ C 178, 29.7.2006.

Order of the President of the Court of First Instance of
18 February 2008 — Jurado Hermanos v OHIM (JURADO)

(Case T-410/07 R)

(Interim measures — Community trade mark — Removal of
the trade mark from the register — Application for ‘restitutio
in integrum’ — Inadmissibility)

(2008/C 92/58)

Language of the case: Spanish

Order of the Court of First Instance of 18 February 2008
— Altana Pharma v OHIM — Avensa (PNEUMO UPDATE)

Parties

(Case T-327/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark PNEUMO UPDATE —
Earlier national word mark Pneumo — Action in part mani-
festly inadmissible and in part manifestly wholly unfounded
in law)

Applicant:
by: C. Martín Álvarez, lawyer)

Jurado Hermanos, SL (Alicante, Spain)

(represented

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: P. López Fernández
de Corres, acting as Agent)

(2008/C 92/57)

Language of the case: German

Parties

Applicant: Altana Pharma AG (Constance, Germany) (represented
by: H. Becker, lawyer)

Re:

Application for suspension of the removal from the register of
Community word mark No 240218 and of the legal effects of
the decision of
the Second Board of Appeal of OHIM of
3 September 2007 (R 866/2007-2) concerning the application
for ‘restitutio in integrum’ brought by Jurado Hermanos, until
the Court of First Instance has ruled on the action in the main
proceedings

12.4.2008

EN

Official Journal of the European Union

C 92/29

Operative part of the order

Order of the President of the Court of First Instance of
13 February 2008 — Buczek Automotive v Commission

1. The application for interim measures is dismissed.

(Case T-1/08 R)

2. Costs are reserved.

(Interim measures — Application for suspension of operation
— Article 105(2) of the Rules of Procedure)

Order of the President of the Court of First Instance of
19 February 2008 — CPEM v Commission

(Case T-444/07 R)

(Interim measures — Application for stay of execution —
Submission of the application — Inadmissibility — Associa-
tion — Financial loss — Lack of urgency)

(2008/C 92/59)

Language of the case: French

Parties

Applicant: Centre de promotion de l'emploi par la micro-entre-
prise (CPEM) (Marseilles, France) (represented by: C. Bonnefoi,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and A. Steiblytė, acting as Agents)

(2008/C 92/60)

Language of the case: Polish

Parties

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

(Sosnowiec, Poland)

Defendant: Commission of the European Communities

Re:

Application for suspension of
the operation of Commission
Decision C(2007) 5087 final of 23 October 2007 concerning
State aid No C 23/2006 (ex NN 35/2006) granted by Poland to
the steel producer Grupa Technologie Buczek

Operative part of the order

The Court:

interim measures,

1. Suspends, until the adoption of the order concluding the present
application for
the operation of Commission
Decision C(2007) 5087 final of 23 October 2007 concerning
State aid No C 23/2006 (ex NN 35/2006) granted by Poland to
the steel producer Grupa Technologie Buczek, insofar as that deci-
sion concerns Buczek Automotive sp, z o.o.

2. Reserves the costs.

Re:

Application for stay of execution of debit note No 3240912189
of 17 December 2007 relating to Commission Decision
C(2007) 4645 of 4 December 2007 cancelling the assistance
from the European Social Fund (ESF) granted to CPEM by Deci-
sion C(1999) 2645 of 17 August 1999.

Action brought on 14 January 2008 — Quest Diagnostics v
OHIM — ALK-Abelló (DIAQUEST)

(Case T-22/08)

(2008/C 92/61)

Language in which the application was lodged: English

Operative part of the order

Parties

1. The application for interim measures is dismissed.

2. Costs are reserved.

Applicant: Quest Diagnostics Inc.
(represented by: R. Niebel, lawyer)

(Teterboro, United States)

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

Other party
ALK-Abelló A/S (Hørsholm, Denmark)

to the proceedings before

the Board of Appeal: