Case T-449/08: Action brought on 2 October 2008 — S.L.V. Elektronik v OHIM — Jiménez Muñoz (LINE)
Date: 2008-10-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, Spain, action for annulment (EU), lighting equipment, trade-mark law

C 327/36

EN

Official Journal of the European Union

20.12.2008

the

applicants

Sixth,
the Commission has
committed a breach of procedure since it failed to apply the
provisions of Regulation No 659/1999 (3) on existing aid to the
capital contributions which it deemed to be aid.

submit

that

Seventh, the 2005 guidelines also circumvent the division of
powers between the Member States and the Commission, since
the Commission is extending its powers beyond the framework
laid down in the EC Treaty by adopting an expanded interpreta-
tion of the essential criterion of
in Article 87
(1) EC and, as a result of this expanded interpretation, making
procedures which are within the administrative competence of
national authorities subject to review by the Community institu-
tions.

‘undertaking’

(1) Communication from the Commission — Community Guidelines on
financing of airports and start-up aid to airlines departing from
regional airports, OJ 2005 C 312, p. 1.

(2) Communication from the Commission — Application of Articles 92
and 93 of the EC Treaty and Article 61 of the EEA Agreement to
State aids in the aviation sector, OJ 1994 C 350, p. 7.

(3) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC Treaty.

Pleas in law and main arguments

Applicant for a Community trade mark: S.L.V. Elektronik GmbH

Community trade mark concerned: Figurative mark ‘LINE’ for goods
in class 11 — registration No 3 316 908

Proprietor of the mark or sign cited in the opposition proceedings:
Angel Jiménez Muñoz

Mark or sign cited in opposition: National figurative and word
marks ‘Line’ for goods and services in classes 9, 35, 37 and 38

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Annulment in part of the deci-
sion of the Opposition Division

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94, as there is no likelihood of confusion between
the marks in opposition. Furthermore, the Board of Appeal did
not proceed on the basis of the trade mark applied for but on
the basis of a design that was not identical.

Action brought on 2 October 2008 — S.L.V. Elektronik v
OHIM — Jiménez Muñoz (LINE)

Action brought on 6 October 2008 — Mitteldeutsche
Flughafen and Flughafen Leipzig/Halle v Commission

(Case T-449/08)

(2008/C 327/64)

(Case T-455/08)

(2008/C 327/65)

Language in which the application was lodged: German

Language of the case: German

Parties

Parties

Applicant: S.L.V. Elektronik GmbH (Übach-Palenberg, Germany)
(represented by: C. König, lawyer)

Applicants: Mitteldeutsche Flughafen AG (Leipzig, Germany),
Flughafen Leipzig/Halle GmbH (Leipzig, Germany) (represented
by: M. Núñez-Müller, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Angel Jiménez Muñoz (Gelida, Spain)

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market of 18 July
2008 in Case R 759/2007-4 in so far as registration of the
trade mark applied for (003316908) is refused in respect of
lighting apparatus and installations,
‘mains-operated lights,
individual
stage effects lighting apparatus; electric lamps;
parts for the aforesaid goods’; and order the Office for
Harmonisation in the Internal Market to pay the costs of the
proceedings before the Court of First Instance.

Defendant: Commission of the European Communities

Form of order sought

— Annul Article 1 of the Commission's decision of 23 July
2008 (C(2008) 3512 final) pursuant to the first paragraph
of Article 231 EC in so far as the Commission finds that

(a) the measure adopted by Germany in respect of capital
contributions for the construction of a new southern
infrastructure at Leipzig/
runway and related airport
Halle airport constitutes State aid for the purposes of
Article 87(1) EC; and

(b) this ‘State aid’ amounts to EUR 350 million;

— order the Commission to pay the costs of the proceedings,
including the applicants' costs, pursuant to Article 87(2) of
the Rules of Procedure of the Court of First Instance.