Case T-294/06: Judgment of the Court of First Instance of 17 April 2008 — Nordmilch v OHIM (Vitality) (Community trade mark — Application for the Community word mark Vitality — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-04-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, textile product, trade-mark law

C 128/32

EN

Official Journal of the European Union

24.5.2008

Judgment of the Court of First Instance (First Chamber) of
16 April 2008 — Michail v Commission

(Case T-486/04) (1)

by:
initially V. von Bomhard, A.W. Renck and A. Pohlmann,
lawyers, and subsequently by V. von Bomhard, A.W. Renck, and
H. O'Neill, Solicitor)

(Staff Case — Officials — Acton for annulment — Duty to
provide assistance — Mental harassment)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. García Murillo and
D. Botis, Agents)

(2008/C 128/68)

Language of the case: French

Other party to the proceedings before the Board of Appeal of OHIM:
Citi, SL (Madrid, Spain) (represented by: M. Peris Riera, lawyer)

Parties

Re:

Applicant: Christos Michail (Brussels, Belgium) (represented by:
C. Meïdanis, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H Tserepa-Lacombe, agents, assisted
initially by V. Kasparian, lawyer, then by I. Antypas, lawyer))

Re:

Action for annulment of the implied decision of 20 March
2004 by the Commission rejecting an application for assistance
made by the applicant under Article 24 of the Staff Regulations.

Operative part of the judgment

The Court:

1. dismisses the action;

Action brought against the decision of the First Board of Appeal
of OHIM of 1 March 2005 (Case R 173/2004-1) in respect of
opposition proceedings between Citicorp and Citi SL and oppo-
sition proceedings between Citibank NA and Citi SL

Operative part of the judgment

The Court:

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 1 March 2005 (Case R 173/2004-1);

2. Orders OHIM to bear its own costs and to pay the costs of
Citigroup, Inc., and Citibank, NA, including those costs incurred in
the proceedings before the Board of Appeal;

2. orders Mr Christos Michail to bear one half of his costs;

3. Orders Citi, SL, to bear its own costs.

3. orders the Commission to bear its own costs and to pay one half of

the costs of Mr Michail.

(1) OJ C 171, 9.7.2005.

(1) OJ C 57, 5.3.2008.

Judgment of the Court of First Instance of 16 April 2008
— Citigroup and Citibank v OHIM — Citi (CITI)

(Case T-294/06) (1)

Judgment of the Court of First Instance of 17 April 2008
— Nordmilch v OHIM (Vitality)

(Case T-181/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative trade mark CITI —
Earlier Community word mark CITIBANK — Relative ground
for refusal — Reputation — Article 8(5) of Regulation (EC)
No 40/94)

(2008/C 128/69)

Language of the case: English

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

(2008/C 128/70)

Language of the case: German

Parties

Parties

Applicants: Citigroup, Inc., formerly Citicorp, (New York, New
York, United States), and Citibank, NA, (New York) (represented

Applicant: Nordmilch eG (Zeven, Germany) (represented by: R.
Schneider, lawyer)

24.5.2008

EN

Official Journal of the European Union

C 128/33

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

Operative part of the order

1. The action is dismissed.

Re:

2. Maison de l'Europe Avignon Méditerranée is ordered to pay the

costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 9 August 2006 (Case R 746/2004-4)
concerning the registration of the word sign Vitality as a Com-
munity trade mark.

(1) OJ C 112, 10.5.2003.

Operative part of the judgment

1. The action is dismissed.

2. Nordmilch eG is ordered to pay the costs.

(1) OJ C 310, 16.12.2006.

Order of the Court of First Instance of 10 March 2008 —
Lebedef-Caponi v Commission

(Case T-233/07) (1)

(Appeal — Staff cases — Officials — Career development
report — 2004 appraisal procedure — Appeal manifestly
inadmissible)

(2008/C 128/72)

Language of the case: French

Order of the Court of First Instance of 2 April 2008 —
Maison de l'Europe Avignon Méditerranée v Commission

Parties

(Case T-100/03) (1)

(Action for annulment — Setting up of an Info-Point Europe
entered into by the
— Termination of an agreement

Commission and the applicant — Manifest inadmissibility)

Appellant:
Luxembourg) (represented by: F. Frabetti, lawyer)

Lebedef-Caponi

Maddalena

(Senningerberg,

the European
Other party to the proceedings: Commission of
Communities (represented by: H. Krämer and B. Eggers, acting
as Agents)

(2008/C 128/71)

Language of the case: French

Re:

Parties

Appeal brought against the judgment of the European Union
Civil Service Tribunal (Third Chamber) of 25 April 2007 in
Case F-71/06 Lebedef-Caponi v Commission [2007] ECR I-0000
seeking annulment of that judgment.

Applicant: Maison de l'Europe Avignon Méditerranée (Avignon,
France) (represented by: F. Martineau, lawyer)

Operative part of the order

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier, acting as Agent)

1. The appeal is dismissed.

2. Maddalena Lebedef-Caponi

is ordered to pay her own costs and

those incurred by the Commission.

Re:

Application for the annulment of the decision of the Commis-
sion of 24 January 2003 terminating the agreement between
the Commission and the applicant on the setting up of an Info-
Point Europe (IPE) in Avignon

(1) OJ C 211, 8.9.2007.