Case T-465/08: Action brought on 15 October 2008 — Czech Republic v Commission
Date: 2008-10-15
Institutions: Court of First Instance
Subjects: Community budget, Czechia, European Commission, Structural Funds, action for failure to fulfil an obligation, claim, compensatory financing, debt, financial equalisation

20.12.2008

EN

Official Journal of the European Union

C 327/39

Action brought on 19 October 2008 — Imagion v OHIM
(DYNAMIC HD)

Action brought on 15 October 2008 — Czech Republic v
Commission

(Case T-463/08)

(2008/C 327/68)

Language of the case: German

(Case T-465/08)

(2008/C 327/69)

Language of the case: Czech

Parties

Parties

Applicant: Imagion AG (Trierweiler, Germany) (represented by:
H. Blatzheim, lawyer)

Applicant: Czech Republic (represented by: M. Smolek, Agent)

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

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 13 August 2008 (Case R 488/2008-4); and

— Annul the decision of the Commission of the European
Communities of 7 August 2008 on offsetting the Commis-
sion's claims against its debts, BUG/C3 D(2008) 10.5-3956;

— Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘DYNAMIC HD’ for
services in Classes 35, 38, 41, 42 and 45 (No 6 092 241)

Decision of the Examiner: Refusal, in part, of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

— Infringement of Article 7(1)(b) and (c) of Regulation (EC)
No 40/94 (1)
is
neither descriptive, nor does it lack the necessary distinctive
character;

in that the word mark ‘DYNAMIC HD’

— Infringement of Article 7(3) of Regulation No 40/94 in that
the trade mark applied for has acquired distinctive character
through use;

— Breach of the duty to state reasons;

— Breach of the principle of equal treatment.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— Order

the Commission to pay the Czech Republic the
amount offset of EUR 9 354 130,93 and the corresponding
interest for late payment;

— Order the Commission to pay the costs.

Pleas in law and main arguments

1. The Czech Republic, by this action brought pursuant to
Article 230 of the Treaty establishing the European Com-
munity, seeks annulment of the decision of the Commission
of the European Communities of 7 August 2008 on offset-
ting the Commission's claims against
its debts, BUG/C3
D(2008) 10.5-3956. The Commission on issuing the
contested decision acted pursuant to Article 73(1) of Council
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget
the European Communities (1), as amended. By the
of
contested decision, the Commission offset its claim against
the Czech Republic, for repayment of funds from the PHARE
T9106, CS9203 and CZ9302 revolving funds, amounting to
EUR 9 354 130,93. The Commission's claim was offset
against the Czech Republic's claim to two interim payments
on two operational programmes financed from the structural
fund amounting to EUR 10 814 475,41. The Czech
Republic thus requests that the offset payments be made
good.

2. The contested decision is invalid, since the Commission
in that the decision in

exceeded its powers by issuing it,
question was adopted on an incorrect legal basis.

C 327/40

EN

Official Journal of the European Union

20.12.2008

3. Even if it were accepted that, in the present circumstances,
Regulation No 1605/2002 could be used, the contested deci-
sion is invalid on the ground that it was issued in breach of
the conditions laid down for offsetting by that regulation, or,
to
Regulation
No 2342/2002 (2), which implements Regulation No 1605/
2002 and lays down the offsetting procedure.

Commission

precise,

more

be

4. Lastly, the contested decision is invalid on the ground that it

contains no statement of reasons.

(1) OJ L 248, 16.9.2002, p. 1.
(2) Commission Regulation

(EC,

of
23 December 2002 laying down detailed rules for the implementa-
tion of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the European
Communities, OJ L 357, 31.12.2002, p. 1.

Euratom) No

2342/2002

jointly and severally,

Mrs Cirese,
sum of
EUR 7 412, together with default interest, being the advance
paid by the applicant
to EURGIT to carry out project
No 97/GR/098, financed in the framework of the GROTIUS
programme of incentives and exchanges for legal practitioners.

reimburse the

The Commission submits that, under paragraph 7 of the ‘state-
ment by the beneficiary of a financial contribution’, the benefi-
ciary undertakes, where items of expenditure incurred cannot
justify the use of the financial contribution received, to reim-
burse, upon its request, sums already paid which are not justi-
fied.

Since EURGIT has failed, within the prescribed period, to justify
the use of the sum advanced by the Commission, there can be
no doubt that the defendant and any person acting in its name
or on its behalf is liable for the reimbursement of the advance
paid.

Action brought on 23 October 2008 — Commission v
Eurgit and Cirese

Action brought on 4 November 2008 — Media-Saturn v
OHIM (BEST BUY)

(Case T-470/08)

(2008/C 327/70)

Language of the case: Italian

(Case T-476/08)

(2008/C 327/71)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Moretto,
lawyer, A. M. Rouchaud-Joët and N.
Bambara, agents)

Applicant: Medai-Saturn-Holding GmbH (Ingolstadt, Germany)
(represented by K. Lewinsky, lawyer)

Defendants:Associazione dei Giuristi
Europee — Eurgit (Rome, Italy) and Vania Cirese (Rome, Italy)

Italiani per le Comunità

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

Form of order sought

Form of order sought

— Order EURGIT and Mrs Vania Cirese, both jointly and sever-
ally, to reimburse the principal sum due of EUR 7 142,
together with default interest at the statutory interest rate
applicable in Belgium with effect from 11 November 2002
until full payment of the sums due;

— order EURGIT and Mrs Vania Cirese, both jointly and sever-

ally, to pay the costs.

Pleas in law and main arguments

The present action is brought by the European Commission
pursuant to Article 238 EC for an order that EURGIT and

— Annul the decision of the Fourth Board of Appeal of OHIM
of 28 August 2008 in appeal proceedings R 0591/2008-4;
and

— Order OHIM to pay the costs of these proceedings and the

costs incurred before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark ‘Best Buy’ for
goods and services in Classes 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 14,
15, 16, 17, 20, 21, 22, 27, 28, 35, 37, 38, 40, 41 and 42
(No 5 189 550).