Case T-218/06: Order of the Court of First Instance of 17 September 2008 — Neurim Pharmaceuticals (1991) Ltd v OHIM — Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS) (Community trade mark — Opposition proceedings — Application for a Community figurative mark Neurim PHARMACEUTICALS — Earlier Community and national word marks EURIM-PHARM — Language of appeal proceedings — Time-limits — Admissibility of an appeal to the Board of Appeal — Principle of proportionality — Continuation of proceedings — Restitutio in integrum — Articles 59, 78 and 78a of Regulation (EC) No 40/94 — Rule 48(1)(c) and (2), Rule 49(1) and Rule 96(1) of Regulation (EC) No 2868/95)
Date: 2008-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, trade-mark law

C 285/36

EN

Official Journal of the European Union

8.11.2008

the provisional duty imposed on imports of certain poly-
terephthalate originating in India,
ethylene
Indonesia,
Malaysia,
the Republic of Korea, Taiwan and Thailand
(OJ 2000 L 301, p. 21), and Commission Decision
2000/745/EC of 29 November 2000 accepting undertakings
offered in connection with the anti-dumping and anti-
subsidy proceedings concerning imports of certain polyethy-
lene terephthalate (PET) originating in India,
Indonesia,
the Republic of Korea, Taiwan and Thailand
Malaysia,
(OJ 2000 L 301, p. 88), in so far as those measures may
purport
in the period after
1 December 2005,

to apply to the applicant

from countries not members of

— in the alternative, Article 11(2) of Council Regulation (EC)
No 384/96 of 22 December 1995 on protection against
dumped imports
the
European Community (OJ 1996 L 56, p. 1) and Article 18(1)
of Council Regulation (EC) No 2026/97 of 6 October 1997
on protection against subsidised imports from countries not
members of the European Community (OJ 1997 L 288,
p. 1).

Other party to the proceedings before the Board of Appeal of OHIM
Instance: Venticinque Ltd
intervening before the Court of First
(Hailsham, East Sussex, United Kingdom)
(represented by: D.
Caneva, lawyer)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 17 January 2006 (Joined Cases R 682/2004-1 and
R 685/2004-1) concerning invalidity proceedings between
Venticinque Ltd and Oakley, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

intervener;

2. Orders Oakley, Inc., to pay the costs, except those incurred by the

The Court:

1. Dismisses the action.

3. Orders Venticinque Ltd to pay its own costs.

2. Orders Reliance Industries Ltd to pay the costs.

(1) OJ C 154, 1.7.2006.

(1) OJ C 86, 8.4.2006.

Judgment of the Court of First Instance of 24 September
2008 — Oakley v OHIM — Venticinque (O STORE)

(Case T-218/06) (1)

Order of the Court of First Instance of 17 September 2008
— Neurim Pharmaceuticals
(1991) Ltd v OHIM —
Eurim-Pharm Arzneimittel (Neurim PHARMACEUTICALS)

(Case T-116/06) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark O STORE — Earlier national word mark
THE O STORE — Comparison of services provided in
connection with retail trade with corresponding goods —
Relative ground for refusal — Article 8(1)(b) of Regulation
(EC) No 40/94 — Application for alteration made by the
intervener — Article 134(3) of the Rules of Procedure of the
Court of First Instance)

(2008/C 285/64)

Language of the case: English

a

for

Community

(Community trade mark — Opposition proceedings — Appli-
cation
figurative mark Neurim
PHARMACEUTICALS — Earlier Community and national
word marks EURIM-PHARM — Language of appeal proceed-
ings — Time-limits — Admissibility of an appeal to the
Board of Appeal — Principle of proportionality — Continua-
tion of proceedings — Restitutio in integrum — Articles 59,
78 and 78a of Regulation (EC) No 40/94 — Rule 48(1)(c)
and (2), Rule 49(1) and Rule 96(1) of Regulation (EC)
No 2868/95)

(2008/C 285/65)

Language of the case: German

Parties

Parties

Applicant: Oakley, Inc. (One Icon, Foothill Ranch, United States)
(represented by: M. Huth-Dierig and M. Nentwig, lawyers)

Applicant: Neurim Pharmaceuticals (1991) Ltd (Tel Aviv, Israel)
(represented by: M. Kinkeldey, lawyer)

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

(represented by: A.

and Designs)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
(represented by: G.
Schneider, Agent)

and Designs)

(OHIM)

8.11.2008

EN

Official Journal of the European Union

C 285/37

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Eurim-Pharm Arznei-
mittel GmbH (Piding, Germany)
(represented by: T. Raab,
lawyer)

1. Annuls the order of the European Union Civil Service Tribunal
(Third Chamber) of 29 June 2006 in Case F-11/05 Chassagne v
Commission [2006] ECR-SC I-A-65 and II-241;

2. Refers the case back to the European Union Civil Service Tribunal;

Re:

3. Orders that the costs shall be reserved.

ACTION brought against the decision of the First Board of
Appeal of OHIM of 2 June 2006 (Case R 74/2006-1),
concerning opposition proceedings between Eurim-Pharm
Arzneimittel GmbH and Neurim Pharmaceuticals (1991) Ltd.

(1) OJ C 281, 18.11.2006.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Neurim Pharmaceuticals (1991) Ltd to pay the costs.

(1) OJ C 237, 30.9.2006.

Judgment of the Court of First Instance of 24 September
2008 — DC-Hadler Networks v Commission

(Case T-264/06) (1)

(Public supply contracts — TACIS programme — Decision to
annul the call for tenders — Application for annulment —
Duty to state reasons)

(2008/C 285/67)

Language of the case: French

Judgment of the Court of First Instance of 19 September
2008 — Chassagne v Commission

Parties

(Case T-253/06 P) (1)

(Appeal — Staff case — Officials — Payment of Annual
travel expenses — Official originating from a French Over-
seas Department (DOM) — Article 8 of Annex VII to the
Staff Regulations — Confirmatory Act — Pay slip — Distor-
tion of the facts — Error of law)

Applicant: DC-Hadler Networks SA (Brussels, Belgium) (repre-
sented by: L. Muller, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: initially by E. Cujo and P. Kuijper, and subsequently
by M. Wilderspin and E. Cujo, acting as Agents)

(2008/C 285/66)

Language of the case: French

Parties

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by:
subsequently,
initially, S. Rodrigues and C. Bernard-Glanx,
T. Bontinck, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid, V. Joris, Agents, and F. Longfils, lawyer)

Re:

the European Union
Appeal brought against
Civil Service Tribunal (Third Chamber) of 29 June 2006 in Case
F-11/05 Chassagne v Commission [2006] ECR-SC I-A-65 and
II-241) and seeking annulment of that order.

the order of

Operative part of the judgment

The Court:

Re:

the Commission decision of 14 July
Application to annul
2006 to annul
the tender procedure in respect of Europe
Aid/122742/C/SUP/RU relating to the supply of IT and office
equipment for the information network and of social integration
and rehabilitation-related equipment
for the disabled in the
federal district of the Volga (Russian Federation).

Operative part of the judgment

The Court:

1. Annuls the Commission decision of 14 July 2006 annulling the
tender procedure in respect of Europe Aid/122742/C/SUP/RU;

2. Orders the Commission and DC-Hadler Networks to pay their own

costs.

(1) OJ C 294, 2.12.2006.