Case T-1/08 R: Order of the President of the Court of First Instance of 14 March 2008 — Buczek Automotive v Commission (Interim measures — Application for suspension of operation of a measure — Admissibility — No urgency)
Date: 2008-03-14
Institutions: Court of First Instance
Subjects: European Commission, Poland, State aid, action for annulment (EU), control of State aid, iron and steel industry, summary procedure

9.5.2008

EN

Official Journal of the European Union

C 116/21

Re:

Action brought on 5 February 2008 — British Sky
Broadcasting Group v OHIM — Vortex (SKY)

Application for suspension of
the operation of Commission
Decision 2007/628/EC of 19 September 2007 concerning the
non-inclusion of methomyl
in Annex I to Council Directive
91/414/EEC and the withdrawal of authorisations for plant
protection products containing that substance (OJ 2007 L 255,
p. 40), until delivery of the judgment in the main proceedings

(Case T-66/08)

(2008/C 116/39)

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: British Sky Broadcasting Group plc (Isleworth, United
Kingdom) (represented by: J. Barry, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Vortex SA
(Paris, France)

Order of the President of the Court of First Instance of
14 March 2008 — Buczek Automotive v Commission

Form of order sought

(Case T-1/08 R)

— Order, on the basis that

the First Board of Appeal has
infringed Council Regulation (EC) No 40/94 and/or rules of
law relating to its application, that:

(Interim measures — Application for suspension of operation
of a measure — Admissibility — No urgency)

(2008/C 116/38)

Language of the case: Polish

Parties

(Sosnowiec, Poland)
Applicant: Buczek Automotive sp. z o.o.
(represented initially by: T. Gackowski and subsequently by
D. Szlachetko-Reiter, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: K. Gross, M. Kaduczak and A. Stobiecka-Kuik,
Agents)

Re:

— in the decision of the First Board of Appeal, while the
ultimate conclusion of
to
reject the opposition should not be disturbed, that part
of the contested decision (in particular paragraphs 18
and 19 thereof) which reject the applicant's arguments
relating to the Agreement, should be annulled;

the First Board of Appeal

— the contested decision be altered to hold that the Agree-
ment; applies to trade marks other than the particular
registrations identified in the Agreement and extends to
future marks; precludes the opponent from opposing or
objecting in any manner whatsoever to any use or regis-
tration by BSkyB of trade marks containing ‘SKY’ other
than ‘SKYROCK’ and ‘SKYZIN’ both of which were as
determined by the French courts; and is a final and
binding settlement agreement between BSkyB and the
opponent as determined by the French courts (including
to the highest level in France);

— the contested decision be altered and revisited so as to
deal with and address all of the grounds raised by BSkyB
in its response to the opposition;

— OHIM pay the costs and fees of BSkyB.

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

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Operative part of the order

1. The application is dismissed.

2. Costs are reserved.

Community trade mark concerned: The figurative mark ‘SKY’ for
goods and services in classes 9, 16, 18, 25, 28, 35, 38, 41 and
42 — application No 3 166 378

Proprietor of the mark or sign cited in the opposition proceedings:
Vortex SA

Mark or sign cited: The Community and national word marks
‘SKYROCK’ for goods and services classes 9, 16, 18, 25, 28, 35,
38, 41 and 42