Case C-497/07 P: Order of the Court (Fifth Chamber) of 27 June 2008 — Philip Morris Products SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) of Regulation (EC) No 40/94 — Three-dimensional mark representing the shape of a packet of cigarettes — Refusal to register)
Date: 2008-06-27
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), trade-mark law

C 285/12

EN

Official Journal of the European Union

8.11.2008

Action

Reference for a preliminary ruling — Amtsgericht Landau/Isar
— Interpretation of Article 8(2) and (4) of Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1) — Non-recognition by the Member State of resi-
dence, on its territory, of a driving licence obtained in another
Member State during the period of a temporary ban on applying
for a new licence in the Member State of residence

Operative part of the judgment

Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of
29 July 1991 on driving licences, as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council of
29 September 2003, must be interpreted as meaning that they do not
preclude a Member State from refusing to recognise the validity of a
driving licence issued by another Member State where the holder of
that licence was, on the date the licence was issued, subject to a
temporary ban on obtaining a new right to drive in the first Member
State. In this respect, the fact that the question of validity arises after
the date that marked the end of the period of the ban is irrelevant.

Other party to the proceedings: Commission of
Communities
Guerrero, acting as Agents)

the European
(represented by: A. Aresu and L. Escobar

Re:

Appeal brought against the order of the Court of First Instance
(Fourth Chamber) of 12 July 2007, Ayuntamiento de Madrid and
Madrid Calle 30, SA v Commission (T-177/06) dismissing as inad-
missible an action for annulment of the Eurostat news release
No 48/2006 of 24 April 2006 to the extent that it contains a
decision of the Commission (Eurostat) on the classification of
Madrid Calle 30 in the ‘public administration’ sector within the
European System of Accounts (ESA 95)

Operative part of the order

1. The appeal is dismissed.

2. Ayuntamiento de Madrid and Madrid Calle 30, SA are ordered to

pay the costs.

(1) OJ C 183, 4.8.2007

(1) OJ C 283, 24.11.2007.

Order of the Court of 20 June 2008 — Ayuntamiento de
the
Madrid, Madrid Calle 30, SA v Commission of

European Communities

Order of the Court (Fifth Chamber) of 27 June 2008 —
Philip Morris Products SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case C-448/07 P) (1)

(Case C-497/07 P) (1)

(Appeal — Provision of data relating to the excessive deficit
procedure — Regulation (EC) No 3605/93 — European
System of Accounts 1995 (ESA 1995) — Regulation (EC)
No 2223/96 — Classification of the body ‘Madrid Calle 30’
in the ‘general government sector’ — Eurostat press release —
Actionable act)

(Appeal — Community trade mark — Article 7(1)(b) of
Regulation (EC) No 40/94 — Three-dimensional mark repre-
senting the shape of a packet of cigarettes — Refusal to
register)

(2008/C 285/19)

Language of the case: Spanish

(2008/C 285/20)

Language of the case: French

Parties

Parties

Applicant: Philip Morris Products SA (represented by: T. Van
Innis, avocat)

Appellant: Ayuntamiento de Madrid, Madrid Calle 30, SA (repre-
sented by: J. Buendía Sierra and R. González-Gallarza Granizo,
abogados)

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

8.11.2008

EN

Official Journal of the European Union

C 285/13

Re:

Re:

the Court of First Instance
Appeal against the judgment of
(Second Chamber) of 12 September 2007 in Case T-140/06
Philip Morris Products v OHIM by which the Court dismissed the
action brought by the applicant against the decision of
the
Fourth Board of Appeal of OHIM of 24 February 2006
concerning its application for registration of the shape of a
packet of cigarettes as a Community trade mark — Infringement
of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94
of 20 December 1993 on the Community trade mark (OJ 1994
L 11, p. 1) — Distinctive character of a three-dimensional shape
— Ways of embodying that shape and time at which it is to be
assessed

Appeal against the order of the Court of First Instance (Third
Chamber) of 1 October 2007 in Case T-27/07 US Steel Košice s
r.o. v Commission of the European Communities dismissing as
inadmissible an application for annulment of the Commission's
decision of 29 November 2006 concerning the national alloca-
tion plan for greenhouse gas emission allowances notified by
Slovakia for the period from 2008 to 2012 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council (OJ 2003 L 275, p. 32) — Natural or legal persons —
Acts of direct and individual concern to them — Direct concern
— Criteria

Operative part of the order

Operative part of the order

1. The appeal is dismissed.

1. The appeal is dismissed;

2. US Steel Košice s.r.o. shall pay the costs.

2. Philip Morris SA shall pay the costs.

(1) OJ C 64, 8.3.2008.

(1) OJ C 22 of 26.1.2008.

Order of the Court of 19 June 2008 — US Steel Košice
s.r.o. v Commission

(Case C-6/08 P) (1)

(Appeal — Directive 2003/87/EC — Scheme for greenhouse
gas emission allowance trading — Integrated pollution preven-
tion and control — Slovak Republic — Act of Accession —
Allocation of allowances — Period 2008-2012 — Conditions
— Whether directly affected — Inadmissibility)

(2008/C 285/21)

Language of the case: English

Order of the Court (Seventh Chamber) of 19 June 2008
(reference for a preliminary ruling from the Unabhängiger
Verwaltungssenat des Landes Oberösterreich (Austria)) —
Marc André Kurt v Bürgermeister der Stadt Wels

(Case C-104/08) (1)

(Articles 92(1) and 104(3) of the Rules of Procedure —
Fundamental freedoms — Charter of Fundamental Rights of
the European Union — Condition of diploma provided for by
the national legislation for the issue of a permit to operate a
driving school — Discrimination against own nationals as
compared to nationals of other Member States)

(2008/C 285/22)

Language of the case: German

Referring court

Parties

Unabhängiger Verwaltungssenat des Landes Oberösterreich

Appellant: US Steel Košice s.r.o. (represented by: C. Thomas, Soli-
citor, and E. Vermulst, advocaat)

Parties

Other party to the proceedings: Commission of
the European
Communities (represented by: U. Wölker and D. Lawunmi,
Agents)

Applicant: Marc André Kurt

Defendant: Bürgermeister der Stadt Wels