Case T-381/08: Action brought on 15 September 2008 — DAI v Commission
Date: 2008-09-15
Institutions: Court of First Instance
Subjects: European Community, Portugal, action for annulment (EU), aid for restructuring, industrial restructuring, marketing, sugar industry

C 313/36

EN

Official Journal of the European Union

6.12.2008

Pleas in law and main arguments

Applicant for a Community trade mark: Mustang

to growers and undertakings having restructured in the
2006/07 and 2007/08 marketing years;

— an order that the Commission should pay the costs.

Community trade mark concerned: Representation of a wavy line
for goods and services in Classes 3, 18 and 25 (Application
No 4 081 352)

Proprietor of the mark or sign cited in the opposition proceedings:
Decathlon SA

Mark or sign cited in opposition: Existing national and interna-
tional figurative mark constituted by the representation of a
white wavy line on a black background, for goods in Classes 3,
18 and 25.

Pleas in law and main arguments

of Article

Infringement
(EC)
No 1261/2007 (2) and of Article 16a of Regulation (EC)
No 1264/2007 (3).

Regulation

1(1)(c)

of

Breach of the principles of equality, legal certainty and of the
non-retroactive effect of laws.

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Rejection of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94, because there are no aural, visual and concep-
tual similarities between the opposing marks that could give rise
to a likelihood of confusion.

(1) OJ 2008 L 156, p. 20.
(2) Council Regulation (EC) No 1261/2007 of 9 October 2007
amending Regulation (EC) No 320/2006 establishing a temporary
scheme for the restructuring of the sugar industry in the Com-
munity.

(3) Commission Regulation (EC) No 1264/2007 of 26 October 2007
amending Regulation (EC) No 968/2006 laying down detailed rules
for the implementation of Council Regulation (EC) No 320/2006
establishing a temporary scheme for the restructuring of the sugar
industry in the Community.

Action brought on 15 September 2008 — DAI v
Commission

Action brought on 15 September 2008 — Nadine
Trautwein Rolf Trautwein v OHIM (Representation of
a dog)

(Case T-381/08)

(2008/C 313/65)

Language of the case: Portuguese

(Case T-385/08)

(2008/C 313/66)

Language in which the application was lodged: German

Parties

Applicant: DAI — Sociedade de Desenvolvimento Agro-Indus-
trial, SA (Coruche, Portugal) (represented by: J. da Cruz Vilaça,
L. Romão and A. Mestre, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research
(represented by C.
Development
Czychowski, A. Nordemann and A. Dustmann)

(Leopoldshöhe, Germany)

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

— A declaration that the action is admissible;

Form of order sought

— a decision allowing the action and annulment in part of
Commission Decision 2008/445/EC of 11 June 2008 fixing
the amounts per Member State of retroactive restructuring
aid for growers and undertakings having restructured in the
2006/07 and 2007/08 marketing years in the framework of
the temporary scheme for the restructuring of the sugar
the Community (notified under document
industry of
number C(2008) 2557) (1),
in so far as it refers to the
amount of restructuring aid allocated to Portugal to be paid

— annul Decision R 1734/2007-1 of the First Board of Appeal
of
the Office for Harmonisation in the Internal Market
(Trade marks and Designs) of 30 June 2008, together with
the decision of the examiner of 25 September 2007 to the
extent that protection was refused for the application for
Community trade mark 4829321 for goods ‘leather goods
included in Class 18; bags’ in Class 18 and ‘foodstuffs for
animals and drinks for domestic animals’ in Class 31;