Case T-490/04 and T-493/04: Order of the Court of First Instance of 7 May 2008 — Germany and Deutsche Post v Commission
Date: 2008-05-07
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), dominant position, national law, postal charges, postal service, provision of services, quality standard

C 171/48

EN

Official Journal of the European Union

5.7.2008

Pleas in law and main arguments

— order the European Commission to pay the costs.

Community trade mark concerned: The figurative mark consisting
of a representation of a dog for goods in classes 16, 18, and 25
— Community trade mark No 339 218

Decision of the Trade Marks and Register Department: Refusal of the
application for restitutio in integrum

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 47 of Council Regulation
No 40/94 as renewal of the Community trade mark is permitted
not only to the proprietor of such or to its professional repre-
sentative; the Board of Appeal erred in law and in its assessment
of the facts in holding that the Applicant and its authorised
representative had failed to exercise due care in the circum-
stances; the Board of Appeal erred in law in holding that it was
careless of the Applicant to appoint Computer Patent Annuities
Limited, a trade marks renewals agency, to renew its marks.

Pleas in law and main arguments

The applicant seeks the declaration that the Commission failed
to annul the decision taken by the Office for Harmonisation in
the Internal Market
(OHIM) awarding multiple framework
contracts under the tender procedure AO/026/06 of the OHIM
on ‘E-Alicante: consultancy services, audits and studies’ (1) and
that
failed to terminate the corresponding specific
contracts under the framework.

it has

The pleas in law and main arguments raised by the applicant
are identical
to those raised in Case T-176/08 Infeurope v
Commission.

(1) OJ 2006/S 210-223510.

Action brought on 13 May 2008 — Infeurope v
Commission

Order of the Court of First Instance of 7 May 2008 —
Germany and Deutsche Post v Commission

(Case T-188/08)

(2008/C 171/91)

Language of the case: English

(Case T-490/04 and T-493/04) (1)

(2008/C 171/92)

Language of the case: German

Parties

The President of the Court of First Instance (Seventh Chamber)
has ordered that the case be removed from the register.

Applicant: Infeurope SA (Luxembourg, Luxembourg) (represented
by: O. Mader, lawyer)

Defendant: Commission of the European Communities

(1) OJ C 31, 5.2.2005.

Form of order sought

— declare that the European Commission has failed to annul
the decision of awarding the framework contracts under the
call
the OHIM on
consultancy services, audits and studies;

for tenders procedure AO/026/06 of

— declare that the European Commission has failed to termi-
nate the specific contracts concluded under the said frame-
work contracts;

— order the European Commission to pay to the applicant the
sum of EUR 35 950 plus 4 % interest on the amount of
EUR 33 050 from 19 December 2006, plus 4 % interest on
the amount of EUR 2 900 from 14 December 2007; respec-
tively 8 % interest on sum of EUR 35 950 from the date of
judgment;

— order the European Commission to pay to the applicant the
sum of EUR 646 631,27, plus 4 % interest on the said sum
from 14 May 2008, respectively 8 % interest on the said
sum from the date of judgment;

— order the European Commission to produce certain docu-
ments relating to the procedure for evaluating the tenders;

Order of the Court of First Instance of 5 May 2008 —
Fränkischer Weinbauverband v OHIM (three-dimensional
mark ‘Bocksbeutel’)

(Case T-180/06) (1)

(2008/C 171/93)

Language of the case: German

The President of the Fifth Chamber has ordered that the case be
removed from the register.

(1) OJ C 212, 2.9.2006.