Case T-48/06: Judgment of the Court of First Instance of 10 September 2008 — Astex Therapeutics v OHIM — Protec Health International (astex TECHNOLOGY) (Community trade mark — Opposition proceedings — Application for the Community figurative mark astex TECHNOLOGY — Earlier Community word mark ASTEX — Ground for refusal — Likelihood of confusion — Restriction of the goods designated in the trade mark application — Article 8(1)(b) of Regulation No 40/94)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

25.10.2008

EN

Official Journal of the European Union

C 272/19

4. Orders the Commission to bear one-tenth of its own costs and one-

tenth of the costs incurred by MyTravel Group.

Judgment of the Court of First Instance of 9 September
2008 — Bayer CropScience and Others v Commission

(1) OJ C 10, 14.1.2006.

(Case T-75/06) (1)

(Directive 91/414/EEC — Plant protection products — Endo-
sulfan as an active substance — Withdrawal of marketing
authorisations — Evaluation procedure — Time-limits —
Rights of the defence — Principle of proportionality)

Judgment of the Court of First Instance of 10 September
2008 — Astex Therapeutics v OHIM — Protec Health
International (astex TECHNOLOGY)

(Case T-48/06) (1)

Parties

(2008/C 272/35)

Language of the case: English

the Community

(Community trade mark — Opposition proceedings —
Application for
figurative mark astex
TECHNOLOGY — Earlier Community word mark ASTEX —
Ground for refusal — Likelihood of confusion — Restriction
of the goods designated in the trade mark application —
Article 8(1)(b) of Regulation No 40/94)

Applicants: Bayer CropScience AG (Monheim am Rhein,
Germany); Makhteshim-Agan
(Rotterdam,
Netherlands); Alfa Georgika Efodia AEVE (Athens, Greece); and
Aragonesas Agro, SA (Madrid, Spain) (represented by: C. Mereu
and K. Van Maldegem, lawyers)

Holding

BV

(2008/C 272/34)

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: B. Doherty and L. Parpala, acting as Agents)

Parties

Applicant: Astex Therapeutics Ltd (Cambridge, United Kingdom)
(represented by: M. Edenborough, barrister, and R. Harrison,
solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Protec Health Interna-
tional Ltd (Cirencester, United Kingdom)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 29 November 2005 (Case R 651/2004-2)
concerning opposition proceedings between Protec Health Inter-
national Ltd and Astex Therapeutics Ltd.

Intervener in support of the applicants: European Crop Protection
Association
by:
D. Waelbroeck and N. Rampal, lawyers)

(represented

(Brussels,

Belgium)

(ECPA)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: J. Rodríguez Cárcamo, abogado del Estado)

Re:

the annulment of Commission Decision
APPLICATION for
2005/864/EC of 2 December 2005 concerning the non-inclu-
sion of Endosulfan in Annex I to Council Directive 91/414/EEC
and the withdrawal of authorisations
for plant protection
products containing that active substance (OJ 2005 L 317,
p. 25)

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Astex Therapeutics Ltd to pay the costs.

2. Orders Bayer CropScience AG, Makhteshim-Agan Holding BV,
Alfa Georgika Efodia AEVE and Aragonesas Agro, SA to bear
their own costs and to pay those incurred by the Commission;

3. Orders the Kingdom of Spain and the European Crop Protection

Association (ECPA) to bear their own costs.

(1) OJ C 86, 8.4.2006.

(1) OJ C 96, 22.4.2006.