Case T-96/08: Action brought on 22 February 2008 — Global Digital Disc v Commission
Date: 2008-02-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), inter-company agreement, record, restriction on competition

26.4.2008

EN

Official Journal of the European Union

C 107/37

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation
(EC) No 40/94 (1), as the mark applied for has sufficient distinc-
tive character and is not descriptive.

arguments for rejecting the Community-wide importance of the
subject-matter of the complaint are misjudged.

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

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

(1) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating
to the conduct of proceedings by the Commission pursuant to Arti-
cles 81 and 82 of the EC Treaty (OJ 2004 L 123, p. 18).

Action brought on 22 February 2008 — Global Digital
Disc v Commission

Action brought on 20 February 2008 — KUKA Roboter v
OHIM (colour mark orange)

(Case T-96/08)

(2008/C 107/62)

Language of the case: German

(Case T-97/08)

(2008/C 107/63)

Language in which the application was lodged: German

Parties

Parties

Applicant: KUKA Roboter GmbH (Augsburg, Germany) (repre-
sented by A. Kohn, lawyer)

Applicant: Global Digital Disc GmBH & Co. KG (Dresden,
Germany) (represented by: E. Stein, lawyer)

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

Defendant: Commission of the European Communities

Form of order sought

— Annul

decision
7 December 2007 — Global Digital Disc (GDD) v Philips;

COMP/C-3/38.803

Commission

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Internal Market of

Office
for Harmonisation in the
14 December 2007 in Case R 1572/2007-4;

of

— order the defendant to pay the costs.

— Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: The contourless colour mark
orange for goods in Class 7 (Application No 4 607 801)

The applicant contests Commission decision COMP/C-3/38.803
of 7 December 2007 — Global Digital Disc (GDD) v Philips. In
that decision the Commission dismissed the
applicant's
complaint,
infringements of
Article 82 EC by the party complained of in connection with
that party's licensing practice in the CD-R field, pursuant to
Article 7(2) of Regulation (EC) No 773/2004 (1).

in which it pleaded several

In its grounds of complaint the applicant contends first that the
Commission failed to fulfil
its obligation to give reasons.
Furthermore the defendant infringed the applicant's rights of
defence. Finally the applicant complains that the Commission's

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

— Infringement of Article 28 EC as the contested decision
constitutes a measure having equivalent effect to a quantita-
tive restriction on imports

— Infringement

of Article 7(1)(b)

(EC)
No 40/94 (1), as the mark applied for has distinctive char-
acter

of Regulation