Case T-341/06: Judgment of the Court of First Instance of 12 March 2008 — Compagnie générale de diététique v OHIM (GARUM) (Community trade mark — Application for Community trade mark GARUM — Absolute ground for refusal — Relevant public — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-03-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 107/24

EN

Official Journal of the European Union

26.4.2008

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: El Coto de Rioja SA
(Oyón, Spain) (represented initially by M.E. López Camba, then
by M.E. López Camba and J. Grimau Muñoz, lawyers)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 15 June 2004 (Case R 550/2003-2)
concerning opposition proceedings between El Coto de Rioja
SA and Sebirán SL.

Operative part of the judgment

The Court:

1. dismisses the action;

2. dismisses the application of El Coto de Rioja SA for the partial
annulment of the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) of 15 June 2004 (Case R 550/2003-2);

Re:

the allegedly wrongful conduct of

Action for damages for the loss allegedly suffered by the appli-
the
cant by reason of
Commission in regard to the non-renewal of his contract of
employment concluded in the framework of technical co-opera-
tion between the Community and the Republic of Niger
financed by the European Development Fund (EDF).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Philippe Guigard to pay the costs.

(1) OJ C 271, 29.10.2005.

3. orders Sebirán SL to pay its own costs and those of OHIM and

one half of the costs of El Coto de Rioja SA;

Judgment of the Court of First Instance of 12 March 2008
— Compagnie générale de diététique v OHIM (GARUM)

4. orders El Coto de Rioja SA to bear one half of its own costs.

(Case T-341/06) (1)

(1) OJ C 284, 20.11.2004.

(Community trade mark — Application for Community trade
mark GARUM — Absolute ground for refusal — Relevant
public — Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 107/40)

Language of the case: French

Judgment of the Court of First Instance of 11 March 2008
— Guigard v Commission

Parties

(Case T-301/05) (1)

Applicant: Compagnie générale de diététique SAS (Caen, France)
(represented by: J.-J Evrard and T. de Haan, lawyers)

(Non-contractual
liability — Non-renewal of a contract of
employment financed by the EDF — Lack of unlawful conduct
on the part of the Commission — Jurisdiction of the Court of
First Instance)

(2008/C 107/39)

Language of the case: French

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, agent)

(represented by: A.

and Designs)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 7 September 2006 (Case R 1401/2005-1)
concerning application for
the word sign
GARUM as a Community trade mark.

registration of

Applicant: Philippe Guigard (Paris, France) (represented initially
by: S. Rodrigues and A. Jaume, later by: S. Rodrigues and C.
Bernard-Glantz, lawyers)

Operative part of the judgment

The Court:

Defendant: Commission of the European Communities (repre-
sented initially by: D. Martin and K. Herrmann,
later by: F.
Dintilhac and G. Boudot, Agents)

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 7 September 2006 (Case R 1401/2005-1).

26.4.2008

EN

Official Journal of the European Union

C 107/25

2. Orders OHIM to pay its own costs and the costs of Compagnie

générale de diététique SAS.

Judgment of the Court of First Instance of 12 March 2008
— Suez v OHIM

(1) OJ C 326, 30.12.2006.

(Case T-128/07) (1)

(Community trade mark — Application for Community word
mark Delivering the essentials of life — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

Judgment of the Court of First Instance of 12 March 2008
the European
— Rossi Ferreras v Commission of

Communities

(Case T-107/07 P) (1)

(2008/C 107/42)

Language of the case: French

(Appeal — Staff cases — Officials — Career development
report — Appraisal year 2003 — Assessment of facts —
evidence —
Burden

of
Appeal inadmissible — Appeal unfounded)

production

proof

and

of

Parties

(2008/C 107/41)

Language of the case: French

Applicant: Suez (Paris, France) (represented by: P. Combeau and
D. Régnier, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, agent)

(represented by: A.

and Designs)

Appellant: Francisco Rossi Ferreras (Luxembourg, Luxembourg)
(represented by: F. Frabetti and S. Martin. lawyers)

Other party to the proceedings: Commission of
the European
Communities (represented by: V. Joris and K. Herrmann, agents)

Re:

Re:

Appeal against judgment of the European Union Civil Service
Tribunal
(Second Chamber) of 1 February 2007 in Case
F-42/05 Rossi Ferreras v Commission, not yet published in ECR,
for the annulment of that judgment.

Operative part of the judgment

The Court:

1. dismisses the appeal;

Action brought against the decision of the First Board of Appeal
of OHIM of 2 February 2007 (Case R 811/2006-1) concerning
an application for registration of the mark Delivering the essen-
tials of life as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Francisco Rossi Ferreras to bear his own costs and to pay

the costs of the Commission.

2. orders Suez to pay the costs.

(1) OJ C 129, 9.6.2007.

(1) OJ C 140, 23.6.2007.