Case T-259/08: Action brought on 2 July 2008 — Global Digital Disc v Commission
Date: 2008-07-02
Institutions: Court of First Instance
Subjects: European Commission, anti-dumping duty, anti-dumping legislation, appeal to the Court (EU), damages, record, restriction on competition

25.10.2008

EN

Official Journal of the European Union

C 272/27

Re:

the Commission decision of
Application for annulment of
17 October 2007, which refused the applicant access to certain
documents sent to the Commission by the Italian Government
in the context of the review procedure for a State aid scheme

Pleas in law: The application for the Community mark in ques-
tion does not infringe Article 7(1)(j) of Council Regulation (EC)
No 40/94 (1) since it does not contain or consist of a false
geographic indication.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Operative part of the order

1. There is no need to adjudicate on the application and on the

Kingdom of Denmark's application to intervene;

2. Each party is to bear its own costs.

(1) OJ C 64, 8.3.2008.

Action brought on 2 July 2008 — Global Digital Disc v
Commission

(Case T-259/08)

(2008/C 272/53)

Language of the case: German

Action brought on 19 June 2008 — Abadía Retuerta v
OHIM (CUVÉE PALOMAR)

(Case T-237/08)

(2008/C 272/52)

Parties

Language in which the application was lodged: Spanish

Applicant: Global Digital Disc GmbH & Co. KG (Ottendorf-
Okrilla, Germany) (represented by: D. Ehle, lawyer)

Parties

Defendant: Commission of the European Communities

Applicant: Abadía Retuerta, S.A. (Sardón de Duero, Spain) (repre-
sented by X. Fàbrega Sabaté and Curell Aguilà, lawyers)

Forms of order sought

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

Form of order sought

— Annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
2 April 2008 in Case R 1185/2007-1, and

— order the defendant to pay the applicant EUR 8 025 495,25
in damages plus 8 % interest from 1 January 2008 onwards;

— declare that the defendant is under an obligation to compen-
sate the applicant for damage incurred after 1 January 2008
and in the future, plus interest;

— order the defendant to pay the costs of the proceedings.

— Order OHIM to pay the costs.

Pleas in law and main arguments

trade mark concerned: The word mark ‘CUVÉE
Community
PALOMAR’ for goods in Class 33 (Application for Registration
No 5.501.937).

Decision of the Examiner: Rejection of the application for registra-
tion.

Pleas in law and main arguments

seeks compensation for damage it

The applicant
incurred
because the Commission failed to impose provisional and defi-
nite anti-dumping duties on imports of recordable compact
discs (‘CD-R’) from the People's Republic of China, Hong Kong
and Malaysia and terminated the anti-dumping proceedings
concerning those imports by decision of 3 November 2006 (1).

Decision of the Board of Appeal: Dismissal of the appeal.

The applicant is a company based in Germany which produces
CD-Rs and DVD-Rs.

C 272/28

EN

Official Journal of the European Union

25.10.2008

the applicant claims that

sufficiently serious — important provisions

In its application,
the defendant's
administrative and normative conduct during, prior to and
following the end of the anti-dumping proceedings concerning
imports of CD-Rs from the People's Republic of China, Hong
Kong and Malaysia infringed — repeatedly and in a manner that
was
in anti-
dumping law which are intended to confer rights on the appli-
cant. Further, the applicant claims that those sufficiently serious
infringements of the law on the part of the Commission caused
the applicant significant damage. Finally, the applicant claims
that there is a direct causal link between those serious infringe-
ments of the law and the damage that has already been caused
and the damage still to be expected.

(1) Commission Decision of 3 November 2006 terminating the anti-
dumping proceeding concerning imports of recordable compact
discs (CD+/-R) originating in the People's Republic of China, Hong
Kong and Malaysia (OJ 2006 L 305, p. 15).

Appeal brought on 16 July 2008 by P. Longinidis against
the judgment of the Civil Service Tribunal delivered on
24 April 2008 in Case F-74/06 Pavlos Longinidis v Cedefop

(Case T-283/08 P)

(2008/C 272/54)

Language of the case: Greek

Parties

Appellant: Pavlos Longinidis (represented by P. Giatagantzidis
and S. Stavropoulou, lawyers)

— uphold the action brought by the appellant on 19 June

2006;

— order Cedefop to pay the costs of both the case at first

instance and the appeal.

Pleas in law and main arguments

By his action, the appellant sought, inter alia, the annulment of
the decision of the Director of Cedefop terminating his employ-
ment contract of indefinite duration. That action was dismissed
by judgment of the Civil Service Tribunal of 24 April 2008.

The appellant submits that
the judgment under appeal was
delivered in breach of the rules that govern the bringing of
evidence because it was based on matters that were not proved.
More specifically, when examining the appellant's argument that
the reasons for dismissal were communicated to him orally at
the meeting on 23 November 2005, the Civil Service Tribunal
erred in law because it altered the subject of the evidence.

In addition, the appellant contends that the reasoning set out in
the judgment under appeal
is not adequate. In particular, he
the Civil Service Tribunal's reasoning was not
asserts that
adequate when it decided whether the appellant was appropri-
ately and sufficiently informed by Cedefop as to the reasons for
his dismissal and that the Tribunal did not specify all the facts
which in its view led to his dismissal.

Finally, the appellant submits that his complaint of 28 February
2006 challenging the decision to dismiss him was not heard by
the Appeals Committee of Cedefop in an objective and impartial
manner.

Other party to the proceedings: Cedefop

Action brought on 24 July 2008 — BASF Plant Science and
Others v Commission

Form of order sought by the appellant

— set aside the judgment of the European Union Civil Service
Tribunal of 24 April 2008 in Case F-74/06 Pavlos Longinidis
v Cedefop;

(Case T-293/08)

(2008/C 272/55)

Language of the case: English

— annul

the decision of

the Director of Cedefop of
30 November 2005 terminating the appellant's employment
contract of indefinite duration of 4 March 2003, and any
other related administrative act;

— annul

the decision of

11 November 2005 amending the composition of
Appeals Committee of Cedefop, and any other
administrative act;

the Director of Cedefop of
the
related

— annul the decision of the Appeals Committee of Cedefop of
24 May 2006 rejecting the appellant's
complaint of
28 February 2006, and any other related administrative act;

Parties

Applicants: BASF Plant Science GmbH (Ludwigshafen, Germany),
Plant Science Sweden AB (Svalöv, Sweden), Amylogene HB
(Svalöv, Sweden) and BASF Plant Science Holding GmbH
(Ludwigshafen, Germany)
(represented by: D. Waelbroeck,
lawyer, U. Zinsmeister, lawyer and D. Slater, Solicitor)

Defendant: Commission of the European Communities