Case C-144/07 P: Judgment of the Court (Second Chamber) of 2 October 2008 — K-Swiss Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 2868/95 — Time-limit for instituting proceedings before the Court of First Instance — OHIM decision — Notification by express courier — Calculation of the time limit for bringing an action)
Date: 2008-10-02
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, administrative formalities, appeal, clothing industry, trade-mark law

C 301/8

EN

Official Journal of the European Union

22.11.2008

and 29(1) of the Staff Regulations in the version in force until
30 April 2004 — Concept of ‘internal competition’ and the
objective assigned to recruitment of ensuring that the institution
secures the services of persons of the ‘highest standard of ability,
efficiency and integrity’ — Eligibility of auxiliary staff

2. Orders K Swiss Inc. to pay the costs.

(1) OJ C 117, 26.5.2007.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Chetcuti to pay the costs.

Judgment of the Court (Third Chamber) of 9 October 2008
(reference for a preliminary ruling from the Lietuvos
Respublikos Konstitucinis Teismas (Republic of Lithuania))
— Proceedings for review of the constitutionality of legis-
lation brought by Julius Sabatauskas and Others

(1) OJ C 82, 14.4.2007.

(Case C-239/07) (1)

Judgment of the Court (Second Chamber) of 2 October
2008 — K-Swiss Inc. v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case C-144/07 P) (1)

(Appeal — Community trade mark — Regulation (EC)
No 2868/95 — Time-limit for instituting proceedings before
the Court of First Instance — OHIM decision — Notification
by express courier — Calculation of
for
bringing an action)

the time limit

(2008/C 301/14)

Language of the case: English

Parties

Appellant: K-Swiss Inc. (represented by: H.E. Hübner, Advocate)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: O.
Mondéjar Ortuño, Agent)

Re:

Appeal against the order of the Court of First Instance (Third
Chamber) of 14 December 2006 in Case T-14/06 K-Swiss v
OHIM dismissing as inadmissible an action for annulment of a
decision of the First Board of Appeal of OHIM — Time-limit for
instituting proceedings — Notification by express courier —
Date from which the time-limit begins to run

Operative part of the judgment

The Court:

1. Dismisses the appeal;

(Internal market in electricity — Directive 2003/54/EC —
Article 20 — Transmission and distribution systems — Third
party access — Obligations of Member States — Open access
of third parties to electricity transmission and distribution
systems)

(2008/C 301/15)

Language of the case: Lithuanian

Referring court

Lietuvos Respublikos Konstitucinis Teismas

Parties in the main proceedings

Julius Sabatauskas and Others

Re:

Reference for a preliminary ruling — Lietuvos respublikos
konstitucinis teismas — Interpretation of Article 20 of Direc-
tive 2003/54/EC of the European Parliament and of the Council
of 26 June 2003 concerning common rules for the internal
market in electricity and repealing Directive 96/92/EC — State-
ments made with regards
to decommissioning and waste
management activities (OJ 2003 L 176, p. 37) — Compatibility
with the directive of national legislation permitting consumers
to have access to the electricity transmission system only after
refusal by the distribution system operator to grant access to a
distribution system.

Operative part of the judgment

1. Article 20 of Directive 2003/54/EC of the European Parliament
and of the Council of 26 June 2003 concerning common rules for
the internal market in electricity and repealing Directive 96/92/EC
is to be interpreted as defining the Member States' obligations only
in respect of the access and not the connection of third parties to
the electricity transmission and distribution systems and as not
laying down that the system of network access that the Member
States are required to establish must allow an eligible customer to
choose, at his discretion, the type of system to which he wishes to
connect.