Case T-363/03: Order of the Court of First Instance of 25 September 2008 — Regione Siciliana v Commission (Action for annulment — ERDF — Cancellation of a financial contribution — Recovery of the sums already paid — Regional or local entity — Lack of direct effect — Inadmissibility)
Date: 2008-09-25
Institutions: Court of First Instance
Subjects: European Regional Development Fund, Sicily, balance of payments assistance, regional aid, suspension of aid, trade-mark law

20.12.2008

EN

Official Journal of the European Union

C 327/23

Judgment of the Court of First Instance of 5 November
2008 — Calzaturificio Frau v OHIM — Camper (Represen-
tation of a stylised arch with the surface in solid colour)

Judgment of the Court of First Instance of 11 November
2008 — Speiser v Parliament

(Case T-304/07) (1)

(Community trade mark — Opposition proceedings —
Application for a Community figurative mark representing a
stylised arch with the surface in solid colour — Earlier Com-
munity figurative mark representing a stylised arch —
Relative ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 327/41)

Language of the case: Italian

(Case T-390/07 P) (1)

(Appeal — Staff case — Temporary staff — Admissibility —
Expatriation allowance — Purely confirmatory decision —
Complaint made out of time)

(2008/C 327/42)

Language of the case: German

Parties

Appellant: Michael Alexander Speiser (Neu-Isenburg, Germany)
(represented by: F. Theumer, lawyer)

Other party to the proceedings: European Parliament (represented
by:
initially A. Lukošiūtė and N. Lorenz and subsequently A.
Lukošiūtė and S. Seyr, acting as Agents)

Parties

Re:

Applicant: Calzaturificio SpA (San Giovanni
(represented by: A. Rizzoli, lawyer)

Ilarione,

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Montalto and L.
Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Camper, SL (Inca,
Spain) (represented by: I. Temiño Ceniceros, lawyer)

Appeal against the order of the Civil Service Tribunal of the
European Union (First Chamber) of 10 September 2007 in Case
F-146/06 Speiser v Parliament, not yet published in the ECR,
seeking to have that order set aside

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders each party to bear the costs incurred in the appeal proceed-

ings.

Re:

(1) OJ C 297, 8.12.2007.

Action brought against the decision of the First Board of Appeal
of OHIM of 14 June 2007 in Case R 768/2006-1 relating to
opposition proceedings between Camper, SL and Calzaturificio
Frau SpA

Operative part of the judgment

(Case T-363/03) (1)

Order of the Court of First Instance of 25 September 2008
— Regione Siciliana v Commission

The Court:

1. Dismisses the action;

2. Orders Calzaturificio Frau SpA to pay the costs.

(Action for annulment — ERDF — Cancellation of a financial
the sums already paid —
contribution — Recovery of
effect —
Regional or

entity — Lack of direct

local

Inadmissibility)

(2008/C 327/43)

Language of the case: Italian

(1) OJ C 235, 6.10.2007.

Parties

Applicant: Regione Siciliana (Italy) (represented by: A. Cingolo,
lawyer)

C 327/24

EN

Official Journal of the European Union

20.12.2008

Defendant: Commission of the European Communities (repre-
sented by: E. de March and L. Flynn, acting as Agents, assisted
by A. Dal Ferro, lawyer)

Re:

First, application for annulment of Commission Decision
C(2003) 2890 final of 13 August 2003 concerning cancellation
of the contribution from the European Regional Development
Fund (ERDF) granted to the applicant by Commission Decision
C(90) 2363 025 of 14 December 1990 in respect of an infra-
structure project in Sicily and the recovery of the sums already
paid by the Commission in connection with that contribution;
secondly, application for annulment of Commission debit note
No 3240504102 of 26 September 2003; and, thirdly, annul-
ment of any other connected or prior measure

Operative part of the order

1. The action is dismissed as inadmissible.

2. Regione Siciliana is ordered to pay the costs.

(1) OJ C 304, 13.12.2003.

Operative part of the order

1. There is no need to adjudicate on the action.

2. The Commission is ordered to pay all of the costs.

(1) OJ C 168, 26.6.2004.

Order of the Court of First Instance of 29 September 2008
— Powderject Research v OHIM (POWDERMED)

(Case T-166/06) (1)

(Community trade mark — Application for the Community
word mark POWDERMED — Absolute ground for refusal —
Descriptiveness — Article 7(1)(b) and (c) of Regulation (EC)
No 40/94)

(2008/C 327/45)

Language of the case: English

Order of the Court of First Instance of 12September 2008
— Stephens v Commission

Parties

(Case T-139/04) (1)

(Staff cases — Officials — Interlocutory judgment — No
need to adjudicate)

(2008/C 327/44)

Language of the case: French

Applicant: Powderject Research Ltd (Oxford, United Kingdom)
(represented by: A. Bryson, Barrister, and P. Brownlow, Solicitor)

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

Parties

Re:

Applicant: Kelvin William Stephens (Brussels, Belgium) (repre-
sented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, acting as Agents, assisted by
B. Wägenbaur, lawyer)

Re:

First, application for annulment of the decision of the Commis-
sion of 14 April 2003 altering the applicant's classification in
grade,
in so far as it establishes his classification in step on
recruitment as Grade A6, step 1, establishes 5 October 1995 as
the date on which the decision takes financial effect and failed
to reconstitute the applicant's career in grade and application
for
applicant's
complaint; secondly, claim for compensation in respect of the
alleged damage resulting from that decision

the decision rejecting the

annulment of

Action brought against the decision of the Second Board of
Appeal of OHIM of 12 April 2006 (Case R 1189/2005-2)
concerning an application for registration of
the word sign
POWDERMED as a Community trade mark.

Operative part of the order

1. The action is dismissed.

2. Powderject Research Ltd shall pay the costs.

(1) OJ C 190, 12.8.2006.