Case T-361/08: Action brought on 27 August 2008 — Peek & Cloppenburg and van Graaf v OHIM — Thailand (Thai Silk)
Date: 2008-08-27
Institutions: Court of First Instance
Subjects: European Commission, European Union Intellectual Property Office, Germany, action for annulment (EU), tax

C 301/42

EN

Official Journal of the European Union

22.11.2008

Ninth, the commitments in the areas covered were furthermore
incapable of ensuring effective competition.

Tenth, the applicant's right to a fair hearing was infringed by
procedural errors.

(1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the
control of concentrations between undertakings (the EC Merger
Regulation) (OJ 2004 L 24, p. 1).

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation 40/94 as there is a likelihood of confusion between the
trade marks at issue due to their similar overall impression.

Action

brought

on

28 August

2008 — IFAW

Internationaler Tiershutz-Fonds v Commission

Action brought on 27 August 2008 — Peek & Cloppenburg
and van Graaf v OHIM — Thailand (Thai Silk)

(Case T-361/08)

(2008/C 301/71)

Language in which the application was lodged: German

Parties

(Case T-362/08)

(2008/C 301/72)

Language of the case: English

Parties

Applicants: Peek & Cloppenburg (Hamburg, Germany) and van
Graaf GmbH & Co. KG (Vienna, Austria) (represented by: V. von
Bombard, A. Renck, T. Dolde and J. Pause, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Thailand

Form of order sought

— annulment of the Decision of the Fourth Board of Appeal of
the Office
Internal Market
for Harmonisation in the
(Trade Marks and Designs) No R 1677/2007-4 of 10 June
2008

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Thailand

Community trade mark concerned: The figurative trade mark ‘Thai
Silk’ with the colours ‘dark blue and white’
for goods in
Classes 24 and 25 (Registration No 4 099 297)

Proprietor of the mark or sign cited in the opposition proceedings: the
Applicants

Mark or sign cited in opposition: Representation of a black and
white peacock for goods and services in Classes 18, 25 and 35.

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Rejection of the appeal

IFAW Internationaler

Applicant:
gGmbH
(Hamburg, Germany) (represented by: S. Crosby and S. Santoro,
lawyers)

Tiershutz-Fonds

Defendant: Commission of the European Communities

Form of order sought

— To order the Commission to produce to the Court the letter
from Mr Schröder, German Chancellor, of 15 March 2000
to Mr Prodi, President of the Commission;

— To find that the contested decision is vitiated by an error of
law and by manifest errors of assessment and to annul it
accordingly; and

— To order

the Commission to pay the applicant's costs
pursuant to Article 87 of the Rules of procedure of the
Court of First Instance.

Pleas in law and main arguments

By judgment of 18 December 2007 in Case C-64/05 P (1), the
Court of Justice set aside the judgment of the Court of First
Instance of 30 November 2004 in Case T-168/02 IFAW Interna-
tionaler Tierschutz-Fonds v Commission [2004] ECR 1435, annul-
ling the Commission's decision of 26 March 2002 which had
refused access to the documents requested by the applicant by
application of 20 December 2001, concerning the declassifica-
tion of the Elbe site in Hamburg, a nature reserve, protected by
the Natura 2000 scheme, as established by Council Directive
92/43/EEC (2),
the existing Daimler
Chrysler Aerospace GmbH plant for the final assembly of the
Airbus A3XX. As a consequence,
in the light of the Court's
judgment on appeal, the applicant, by letter of 13 February
2008, renewed its application for access to the requested docu-
ments and made a confirmatory application, in accordance with
Article 7(4) of Regulation (EC) No 1049/2001 (3) on 29 April
2008.

the expansion of

for