Case T-254/06: Judgment of the Court of First Instance of 22 May 2008 — Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom) (Community trade mark — Application for Community word mark RadioCom — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2008-05-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), local media, trade-mark law

C 171/32

EN

Official Journal of the European Union

5.7.2008

Re:

Operative part of the judgment

Action brought against the decision of the Second Board of
Appeal of OHIM of 19 May 2006 (Case R 601/2005-2) relating
to invalidity proceedings between Soft, SA and NewSoft Tech-
nology Corp.

Operative part of the judgment

1. The action is dismissed.

2. NewSoft Technology Corp. is ordered to pay the costs.

(1) OJ C 237, 30.9.2006.

The Court:

1. The order of

the Civil Service Tribunal

(Second Chamber) of
30 June 2006 Ott and Others v Commission is annulled in so far
as it dismissed the action brought by Mr Francis Weiler;

2. For the rest, the appeal is dismissed;

3. The cross-appeal is dismissed;

4. The action brought before the Civil Service Tribunal as Case
F-87/05 is dismissed in so far as it was brought by Mr Francis
Weiler;

5. Mr Martial Ott, Mr Fernando Lopez Tola and Mr Francis Weiler
shall bear their own costs in relation to the present instance and
four fifths of the costs incurred by the Commission. The Commis-
sion shall bear one fifth of its own costs in relation to the present
instance;

6. Mr Francis Weiler and the Commission shall bear their own costs
in relation to the proceedings before the Civil Service Tribunal.

Judgment of the Court of First Instance of 22 May 2008 —
Ott and Others v Commission

(1) OJ C 281 of 18.11.2006.

(Case T-250/06 P) (1)

(Appeal — Cross-appeal — Admissibility — Civil Service —
Officials — Promotion — Promotion for 2004 — Allocation
of promotion points — General Implementing Provisions of
Article 45 of the Staff Regulations — Plea of illegality —
Substitution of grounds — Appeal, in part, manifestly inad-
in part, manifestly unfounded — Dispute
missible and,

capable of being decided — Dismissal of the action)

(2008/C 171/57)

Language of the case: French

Parties

Applicants: Martial Ott
(Oberanven, Luxembourg); Fernando
Lopez Tola (Luxembourg, Luxembourg); and Francis Weiler
(Itzig, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and D. Martin, agents)

Judgment of the Court of First Instance of 22 May 2008 —
Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)

(Case T-254/06) (1)

(Community trade mark — Application for Community word
mark RadioCom — Absolute ground for refusal — Descrip-
tive character — Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 171/58)

Language of the case: German

Parties

Applicant: Radio Regenbogen Hörfunk in Baden Geschäftsfür-
(represented by: W.
hungs-GmbH (Mannheim, Germany)
Göpfert, lawyer)

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

Re:

Re:

Appeal against the order of the Civil Service Tribunal of the
European Union (Second Chamber) of 30 June 2006 Ott and
Others v Commission (Case F-87/05, not yet published in the
ECR) seeking the annulment of that order.

Action brought against the decision of the First Board of Appeal
of OHIM of 7 July 2006 (Case R 1266/2005-1) concerning an
application for registration of thee word mark RadioCom as a
Community trade mark.

5.7.2008

EN

Official Journal of the European Union

C 171/33

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Radio Regenbogen Hörfunk in Baden Geschäftsführungs-

GmbH to pay the costs.

(1) OJ C 261, 28.10.2006.

Order of the Court of First Instance of 19 May 2008 —
TF1 v Commission

(Case T-144/04) (1)

(Action for annulment — Commission decision classifying
certain measures adopted by the French Republic in favour of
France 2 and France 3 as State aid compatible with the
common market — Time-limit for instituting proceedings —
Article 44(1)(c) of the Rules of Procedure — Inadmissibility)

(2008/C 171/60)

Language of the case: French

Judgment of the Court of First Instance of 21 May 2008 —
Enercon v OHIM (E)

(Case T-329/06) (1)

Parties

(Community trade mark — Application for Community word
mark E — Absolute grounds for refusal — Lack of distinctive
character — Descriptive character — Article 7(1)(b) and (c)
of Regulation (EC) No 40/94)

Applicant: Télévision française 1 SA (TF1)
(represented by: J.-P. Hordies and C. Smits, lawyers)

(Nanterre, France)

(2008/C 171/59)

Language of the case: German

Defendant: Commission of the European Communities (repre-
sented by: J. Bundía Sierra, N. Niejahr and C. Giolito, acting as
Agents)

Parties

Intervener in support of the form of order sought by the defendant:
French Republic (represented by: G. de Bergues, Agent)

Applicant: Enercon GmbH (Aurich, Germany) (represented initi-
ally by R. Böhm, and subsequently by R. Böhm and U. Sander,
lawyers)

Re:

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

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 8 September 2006 (Case R 394/2006-1)
concerning the registration of the word mark E as a Community
trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Enercon GmbH to pay the costs.

(1) OJ C 326 of 30.12.2006.

Action for annulment of Commission Decision 2004/838/EC of
10 December 2003 on State aid implemented by France for
France 2 and France 3 (OJ 2004 L 361, p. 21).

Operative part of the order

1. The action is dismissed.

2. Télévision française 1 SA (TF1) is ordered to bear its own costs

and pay those of the Commission.

3. The French Republic shall bear its own costs.

(1) OJ C 168, 26.6.2004.