Case T-253/04: Judgment of the Court of First Instance of 3 April 2004 — KONGRA-GEL and Others v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Action for annulment — Statement of reasons)
Date: 2008-04-03
Institutions: Court of First Instance
Subjects: Council of the European Union, Kurdistan question, action for annulment (EU), international sanctions, terrorism

7.6.2008

EN

Official Journal of the European Union

C 142/23

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 3 April 2008 —
PKK v Council

3. Orders the United Kingdom of Great Britain and Northern Ireland
and the Commission of the European Communities to pay their
own costs.

(Case T-229/02) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Action for
annulment — Statement of reasons)

(1) OJ C 233, 28.9.2002.

(2008/C 142/40)

Language of the case: English

Judgment of the Court of First Instance of 3 April 2004 —
KONGRA-GEL and Others v Council

Parties

(Case T-253/04) (1)

Applicant: Osman Ocalan, on behalf of the Kurdistan Workers'
Party (PKK) (represented by: M. Muller QC, E. Grieves and P.
Moser, barristers, and J.G. Pierce, Solicitor)

Defendant: Council of the European Union (represented initially
by: M. Vitsentzatos and M. Bishop, and subsequently by M.
Bishop and E. Finnegan, Agents)

Interveners in support of the applicant: United Kingdom of Great
Britain and Northern Ireland (represented initially by: R.
Caudwell, and subsequently by E. Jenkinson, Agents, assisted by
S. Lee, Barrister) and Commission of the European Commu-
nities,
(represented by: P. Kuijper and C. Brown, and subse-
quently by P. Hetsch and P. Aalto, Agents)

Parties

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Action for
annulment — Statement of reasons)

(2008/C 142/41)

Language of the case: English

Re:

Annulment of Council Decision 2002/460/EC: of 17 June 2002
implementing Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Deci-
sion 2002/334/EC (OJ 2002 L 160, p. 26)

Operative part of the judgment

The Court:

Applicants: KONGRA-GEL and the nine other applicants whose
names are shown in the annex to the judgment (represented by
M. Muller QC, E. Grieves and C. Vine, Barristers, and J.G. Pierce,
Solicitor)

Defendant: Council of the European Union (represented by E.
Finnegan and D. Canga Fano, Agents)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented initially by R.
Caudwell, and subsequently by E. Jenkinson, Agents, and S. Lee,
Barrister)

1. Annuls Council Decision 2002/460/EC of 17 June 2002 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Deci-
sion 2002/334/EC in so far as it concerns the Kurdistan Workers'
Party (PKK).

2. Orders the Council to bear, in addition to its own costs, all the
costs incurred by Osman Ocalan on behalf of the PKK before the
Court of First Instance and the Court of Justice.

Re:

First, the partial annulment of Council Decision 2004/306/EC
of 2 April 2004 implementing Article 2(3) of Regulation (EC)
No 2580/2001 on specific restrictive measures directed against
certain persons and entities with a view to combating terrorism
and repealing Decision 2003/902/EC (OJ 2004 L 99, p. 28),
and of Regulation No 2580/2001 (OJ 2001 L 344, p. 70), and,
secondly, damages.

C 142/24

EN

Official Journal of the European Union

7.6.2008

Operative part of the judgment

Operative part of the judgment

The Court:

1. Annuls Council Decision 2004/306/EC of 2 April 2004 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Deci-
sion 2003/902/EC in so far as it concerns KONGRA-GEL;

2. Orders the Council to bear, in addition to its own costs, all the

costs incurred by the applicants;

3. Orders the United Kingdom of Great Britain and Northern Ireland

to pay its own costs.

(1) OJ C 262, 23.10.2004.

The Court:

1. Dismisses the action;

2. Orders Casa Editorial El Tiempo to pay the costs.

(1) OJ C 261, 28.10.2006.

Judgment of the Court of First Instance of 23 April 2008
— Leche Celta v OHIM — Celia (Celia)

(Case T-35/07) (1)

(Community trade mark — Opposition — Application for
Community figurative mark Celia — Earlier national word
mark CELTA — Relative ground for refusal — Likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

Judgment of the Court of First Instance of 22 April 2008
— Casa Editorial El Tiempo v OHIM — Instituto Nacional
de Meteorología (EL TIEMPO)

(2008/C 142/43)

Language of the case: French

(Case T-233/06) (1)

(Community trade mark — Opposition — Application for
Community word mark EL TIEMPO — Earlier national word
marks TELETIEMPO — Relative ground for refusal — Likeli-
hood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

Parties

Applicant: Leche Celta, SL (Puentedeume, Spain) (represented by:
J. Calderón Chavero, T. Villate Consonni and M. Tañez
Manglano, lawyers)

(2008/C 142/42)

Language of the case: Spanish

Parties

Applicant: Casa Editorial El Tiempo, SA (Santafé de Bogotá,
Colombia)
(represented by: A. Fernández Lerroux and A.
Fernández Fernández-Pacheco, lawyers)

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

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

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First
Instance: Celia SA (Craon,
France) (represented by: D. Masson and F. de Castelnau, lawyers)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 5 December 2006 (Case R 294/2006-4)
concerning opposition proceedings between Leche Celta, SL and
Celia SA.

Operative part of the judgment

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Instituto Nacional de
Meteorología (Madrid, Spain)

The Court:

1. Dismisses the action;

Re:

2. Orders Leche Celta, SL to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 22 June 2006 (Case R 760/2005-4)
concerning opposition proceedings between the
Instituto
Nacional de Meteorología and Casa Editoria El Tiempo, SA.

(1) OJ C 82, 14.4.2007.