Case C-304/06 P: Judgment of the Court (First Chamber) of 8 May 2008 — Eurohypo AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Word mark EUROHYPO — Absolute ground for refusal of registration — Trade mark devoid of any distinctive character)
Date: 2008-05-08
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, bank, financial institution, trade-mark law

C 158/4

EN

Official Journal of the European Union

21.6.2008

Re:

tions which may serve, in trade, to designate the characteristics
of a service

Annulment of Articles 29(1) and (2) and 36(3) of Council
Directive 2005/85/EC of 1 December 2005 on minimum stan-
dards on procedures in Member States for granting and with-
drawing refugee status (OJ 2005 L 326, p. 13)

Operative part of the judgment

The Court:

1. Annuls Articles 29(1) and (2) and 36(3) of Council Directive
2005/85/EC of 1 December 2005 on minimum standards on
procedures in Member States for granting and withdrawing refugee
status;

2. Orders the Council of the European Union to pay the costs;

3. Orders the French Republic and the Commission of the European

Communities to bear their own costs.

(1) OJ C 108, 6.5.2006.

Operative part of the judgment

The Court:

1. Sets aside the judgment of

Instance of

(OHIM) did not

the Court of First

(Trade Marks and Designs)

the
European Communities of 3 May 2006 in Case T-439/04
Eurohypo v OHIM (EUROHYPO), inasmuch as the Court of First
the Fourth
the European Communities held that
Instance of
Board of Appeal of the Office for Harmonisation in the Internal
Market
infringe
Article 7(1)(b) of Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark, as amended
by Council Regulation (EC) No 3288/94 of 22 December 1994,
by refusing, in its decision of 6 August 2004 (Case R 829/2002-
4), to register the term EUROHYPO as a Community trade mark
for services in Class 36 of the Nice Agreement of 15 June 1957
concerning the International Classification of Goods and Services
the Registration of Marks, as revised and
for the Purposes of
amended, corresponding to the following description:
‘financial
affairs; monetary affairs; real estate affairs; provision of financial
services; financing …’;

2. Dismisses the action against the decision of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 6 August 2004 (Case
R 829/2002-4);

Judgment of the Court (First Chamber) of 8 May 2008 —
Eurohypo AG v Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

3. Orders Eurohypo AG to pay the costs of the proceedings at both

instances.

(Case C-304/06 P) (1)

(1) OJ C 224, 16.9.2006.

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 7(1)(b) — Word mark EUROHYPO —
Absolute ground for refusal of registration — Trade mark
devoid of any distinctive character)

(2008/C 158/05)

Language of the case: German

Judgment of the Court (Third Chamber) of 8 May 2008
(reference for a preliminary ruling from the Vestre
Landsret, Denmark) — Danske Svineproducenter v
Justitsministeriet

Parties

(Case C-491/06) (1)

Appellant: Eurohypo AG (represented by: C. Rohnke and M.
Kloth, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider and J. Weberndörfer, Agents)

(Directive 91/628/EEC — Protection of animals during trans-
port — Implementation — Margin of discretion — Domestic
animals of the porcine species — Journeys exceeding eight
hours — Minimum height of each deck of the vehicle —
Loading density)

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 3 May 2006 in Case T-439/04 Eurohypo AG
v OHIM in which the Court of First Instance dismissed the
action for annulment of the decision refusing to register the
word mark EUROHYPO for services in Class 36 — Distinctive
character of a mark which consists exclusively of signs or indica-

Referring court

Vestre Landsret

(2008/C 158/06)

Language of the case: Danish