Case T-241/08: Action brought on 20 June 2008 — CBI and Abisp v Commission
Date: 2008-06-20
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), administrative transparency, complaint to the Commission, control of State aid, medical institution, public service

15.8.2008

EN

Official Journal of the European Union

C 209/61

Form of order sought

Institutions de Soins Privées (Abisp) (Brussels, Belgium) (repre-
sented by: D. Waelbroeck and D. Slater, lawyers)

— Annul the decisions of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 2 April 2008 in case R 1481/2007-2
and of the Opposition Division of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) of
17 July 2007 in opposition proceedings No B 893 216;

— allow the applicant's opposition to the registration as a
Community trade mark of the application dated 4 October
2004 for the figurative mark ‘oli’ for goods in classes 3
and 5;

— order OHIM to refuse registration of the said application

dated 4 October 2004: and

— order the other parties hereto to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the
proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘oli’
goods in classes 3 and 5 — application No 4 059 176

for

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

Mark or sign cited: The Community trade marks ‘OLAY’
goods in classes 3 and 5

for

Defendant: Commission of the European Communities

Form of order sought

— Annul the confirmatory decision of the Commission;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicants seek the annulment of the Commission's deci-
sion of 10 April 2008, which, in their opinion, confirms the
Commission's decision of 10 January 2008 rejecting their
complaint made on 7 September and 17 October 2005 against
the State aid granted by the Kingdom of Belgium to public
hospitals of the IRIS network in the Brussels-Capital Region and
refusing to initiate the formal investigation procedure in respect
of the aid in question pursuant to Article 88(2) EC.

The pleas in law and main arguments relied on by the applicants
are identical to those submitted in Case T-128/08 CBI and Abisp
v Commission (1).

Decision of the Opposition Division: Rejection of the opposition in
its entirety

(1) OJ 2008 C 142, p. 30.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of article 8(1)(b) of Council Regulation
No 40/94 as the trade marks concerned are similar and the use
of the trade mark applied for is likely to cause confusion.

Action brought on 20 June 2008 — CBI and Abisp v
Commission

Action brought on 23 June 2008 — Ravensburger v OHIM
— Educa Borras (EDUCA Memory game)

(Case T-243/08)

(2008/C 209/110)

Language in which the application was lodged: English

(Case T-241/08)

(2008/C 209/109)

Language of the case: French

Parties

Parties

Applicant: Ravensburger AG (Ravensburg, Germany) (represented
by: G. Würtenberger, lawyer, and R. Kunze, lawyer and Solicitor)

Applicants: Coordination Bruxelloise d'Institutions sociales et de
santé (CBI) (Brussels, Belgium) and Association Bruxelloise des

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)