Case T-354/07 to T-356/07: Order of the Court of First Instance of 26 June 2008 — Pfizer v OHIM — Isdin (FOTOPROTECTOR ISDIN) (Community trade mark — Action for annulment — Invalidity — No need to adjudicate)
Date: 2008-06-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, pharmaceutical product, trade-mark law

30.8.2008

EN

Official Journal of the European Union

C 223/43

Order of the Court of First Instance of 2 July 2008 —
Polimeri Europa v Commission

Defendant: Commission (represented by: L. Parpala and B.
Doherty, Agents)

(Case T-12/07) (1)

(No need to give a decision)

(2008/C 223/73)

Language of the case: Italian

Parties

Applicant: Polimeri Europa SpA (Brindisi, Italy) (represented by:
M. Siragusa, F. Moretti and L. Nascimbene, lawyers)

Re:

annulment of Commission Directive
Action for partial
2006/92/EC of 9 November 2006 amending annexes
to
Council Directives 76/895/EEC, 86/362/EEC and 90/642/EEC as
regards maximum levels for captan, dichlorvos, ethion and
folpet (OJ 2006 L 311, p. 31).

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, F. amato and V Bottka, agents)

Operative part of the order

Intervener in support of the defendant: Manufacture Française des
Pneumatiques Michelin (represented by: S. Kon and L. Farell,
lawyers)

The Court:

1. Dismisses the action as inadmissible.

Re:

Annulment of the Commission's decision COMP/F/2/1095 of
taken in the context of a proceeding
6 November 2006,
pursuant to Article 81 EC (Case COMP/F//38.638 BR/ESBR) to
forward to Manufacture Française des Pneumatiques Michelin,
admitted to the administrative procedure as an interested third
party, the non-confidential version of the statement of objec-
tions of 6 April 2006 addressed to the applicant.

Operative part of the order

1. There is no need to give a decision in this action;

2. Polimeri Europa SpA is ordered to bear its own costs and to pay
those incurred by the Commission and by Manufacture Française
des Pneumatiques Michelin in these proceedings, and to pay those
incurred by the Commission in the interlocutory proceedings.

(1) OJ C 56, of 10.3.2007.

2. Orders Denka International BV to bear its own costs and to pay

those incurred by the Commission.

(1) OJ C 82, 14.4.2007.

Order of the Court of First Instance of 26 June 2008 —
Pfizer v OHIM — Isdin (FOTOPROTECTOR ISDIN)

(Case T-354/07 to T-356/07) (1)

(Community trade mark — Action for annulment — Inva-
lidity — No need to adjudicate)

(2008/C 223/75)

Language of the case: Spanish

Order of the Court of First Instance of 27 June 2008 —
Denka International v Commission

(Case T-30/07) (1)

Parties

(Action for annulment — Directive 2006/92/EC — Maximal
levels for dichlorvos residues — Lack of individual concern —
Inadmissible)

Applicant: Pfizer Ltd (Sandwich, Kent, United Kingdom) (repre-
sented by: V. von Bomhard, A. Renck, T. Dolde, lawyers, and M.
Hawkins, Solicitor)

(2008/C 223/74)

Language of the case: English

Parties

Applicant: Denka International (Barneveld, Netherlands) (repre-
sented by: K. Van Maldegem and C. Mereu, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Isdin, SA (Barcelona,
Spain) (represented by: M. Esteve Sanz, lawyer)

C 223/44

EN

Official Journal of the European Union

30.8.2008

Re:

2. The applicant and the defendant are ordered to bear their own

costs.

Three actions brought against the decisions of the First Board of
Appeal of OHIM of 28 June 2007 (Cases R 567/2006-1,
R 566/2006-1 and R 565/2006-1)
concerning invalidity
proceedings between Pfizer Ltd and Isdin, SA.

(1) OJ C 37, 9.2 2008.

Operative part of the order

1. There is no need to adjudicate on the action.

2. Isdin, SA is order to bear its own costs and to pay those incurred
by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM). Pfizer Ltd is ordered to bear its own
costs.

Order of the Court of First Instance of 25 June 2008 —
Volkswagen v OHIM (Silhouette of a car with its
headlights)

(1) OJ C 269, 10.11.2007.

(Case T-9/08) (1)

(Community trade mark — Waiver of registration of national
mark — No need to adjudicate)

(2008/C 223/77)

Language of the case: German

Order of the Court of First Instance of 11 July 2008 —
WellBiz v OHIM — Wild (WELLBIZ)

(Case T-451/07) (1)

Parties

(Community trade mark — Opposition — Withdrawal of
opposition — No need to adjudicate)

Applicant: Volkswagen (Wolfsburg, Germany)
H.-P. Schrammek, C. Drzymalla, S. Risthaus and R.
lawyers)

(represented by:
Jepsen,

(2008/C 223/76)

Language of the case: German

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

Parties

Applicant: WellBiz Verein (Eschen, Liechtenstein) (represented by:
M. Schnetzer, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Rudolf Wild GmbH & Co. KG (Eppelheim, Germany)

Re:

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 6 November 2007 (Case R 1306/2007-4)
concerning a national registration, pursuant
to the Protocol
relating to the Madrid Agreement concerning the international
registration of marks, adopted at Madrid on 27 June 1989, of
the figurative mark representing the silhouette of a car with its
headlights.

Operative part of the judgment

The Court:

Action brought against the decision of the First Board of Appeal
of OHIM of 2 October 2007 (Case R 1575/2006-1) concerning
opposition proceedings between WellBiz Verein and Rudolf
Wild GmbH & Co. KG.

1. There is no need to adjudicate on the action.

2. The applicant is ordered to pay the costs.

Operative part of the order

1. There is no longer any need to adjudicate on the action;

(1) OJ C 64, 8.3.2006.