Case T-294/07: Order of the Court of First Instance of 25 September 2008 — Stepek v OHIM (Community trade mark — Opposition proceedings — Application for Community figurative mark GOLF-FASHION MASTERS THE CHOICE TO WIN — Earlier national figurative mark The Masters GOLF COMPANY — Withdrawal of appeal brought before the Board of Appeal — Costs incurred before the Board of Appeal)
Date: 2008-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sports equipment, trade-mark law

22.11.2008

EN

Official Journal of the European Union

C 301/39

Order of the Court of First Instance of 23 September 2008
— Cemex Polska v Commission

Order of the Court of First Instance of 25 September 2008
— Stepek v OHIM

(Case T-203/07) (1)

(Case T-294/07) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan in respect of emission allowances for Poland
for the period from 2008 to 2012 — Decision by the
Commission not to raise objections subject to certain condi-
tions — Competence of Member States in the individual allo-
cation of emission allowances — Lack of direct concern —
Inadmissibility)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark ‘GOLF-FASHION
MASTERS THE CHOICE TO WIN’ — Earlier national
figurative mark ‘The Masters GOLF COMPANY’ — With-
drawal of appeal brought before the Board of Appeal — Costs
incurred before the Board of Appeal)

(2008/C 301/66)

Language of the case: Polish

(2008/C 301/67)

Language of the case: German

Parties

Parties

Applicant: Cemex Polska sp. z o.o. (Warsaw, Poland) (represented
by: F. Puel and M. Szpunar, lawyers)

Applicant: Wilhelm Stepek (Stadl-Paura, Austria) (represented by:
H. Heigl, W. Berger and G. Lehner, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: U.Wölker and K. Herrmann, Agents)

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

Re:

annulment

of Commission Decision
APPLICATION for
C(2007) 1295 final of 26 March 2007 concerning the national
allocation plan for the allocation of greenhouse gas emission
allowances notified by the Republic of Poland for the period
from 2008 to 2012 in accordance with Directive 2003/87/EC
of the European Parliament and of the Council of 13 October
2003 establishing a scheme for greenhouse gas emission allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p. 32).

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First
Instance: The Masters Golf
Company Ltd (Weston-super-Mare, United Kingdom)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 23 May 2007 (Case R 95/2007-1) concerning
opposition proceedings between The Masters Golf Company Ltd
and Mr Wilhelm Stepek.

Operative part of the order

1. The action is dismissed as inadmissible.

Operative part of the order

1. The action is dismissed.

2. Cemex Polska sp. z o.o. shall bear its own costs and pay those

incurred by the Commission.

2. Mr Wilhelm Stepek is ordered to pay the costs.

(1) OJ C 170, 21.7.2007.

(1) OJ C 235, 6.10.2007.