Case T-256/07: Judgment of the Court of First Instance of 23 October 2008 — People's Mojahedin Organization of Iran v Council (Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Freezing of funds — Actions for annulment — Rights of the defence — Statement of reasons — Judicial review)
Date: 2008-10-23
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), international sanctions, restriction of liberty, terrorism

6.12.2008

EN

Official Journal of the European Union

C 313/31

Re:

Actions brought against three decisions of the Second Board of
Appeal of OHIM of 12 September 2006 (Joined Cases
R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and
R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2),
concerning opposition proceedings between Air Products and
Chemicals, Inc. and Messer Group GmbH.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Second Board of Appeal of the Office
(Trade Marks and
for Harmonisation in the Internal Market
Designs)
of 12 September 2006 (Joined Cases
R 1270/2005-2 and R 1408/2005-2; R 1226/2005-2 and
R 1398/2005-2; R 1225/2005-2 and R 1397/2005-2);

(OHIM)

2. Orders OHIM to bear its own costs and pay the costs of Air

Products and Chemicals, Inc.;

3. Orders Messer Group GmbH to bear its own costs.

(1) OJ C 326, 30.12.2006.

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First
Instance: Nycomed GmbH,
formerly Altana Pharma AG (Konstanz, Germany) (represented
by: A. Ferchland, lawyer)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 8 February 2007 (Case R 302/2005-4),
relating to opposition proceedings between Altana Pharma AG
and Aventis Pharma SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 8 February 2007 (Case R 302/2005-4);

2. Orders OHIM to bear its own costs and to pay those incurred by

Aventis Pharma SA;

3. Orders Nycomed GmbH to bear its own costs.

(1) OJ C 117, 26.5.2007.

Judgment of the Court of First Instance of 21 October
2008 — Aventis Pharma v OHIM — Nycomed (Prazol)

(Case T-95/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark PRAZOL — Earlier
national word mark PREZAL — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94)

(2008/C 313/55)

Language of the case: English

Judgment of the Court of First Instance of 23 October
2008 — People's Mojahedin Organization of Iran v Council

(Case T-256/07) (1)

(Common foreign and security policy — Restrictive measures
directed against certain persons and entities with a view to
combating terrorism — Freezing of funds — Actions for
annulment — Rights of the defence — Statement of reasons
— Judicial review)

(2008/C 313/56)

Language of the case: English

Parties

Parties

Applicant: Aventis Pharma SA (Antony, France) (represented by:
R. Gilbey, lawyer)

Applicant: People's Mojahedin Organization of Iran (Auvers sur
Oise,
and
D. Vaughan QC)

(represented by:

J.-P. Spitzer,

France)

lawyer,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially by S. Laitinen,
and subsequently by Ó. Mondéjar Ortuño, acting as Agents)

Defendant: Council of
M. Bishop and E. Finnegan, Agents)

the European Union (represented by:

C 313/32

EN

Official Journal of the European Union

6.12.2008

Interveners in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented: initially by V. Jackson
and T. Harris, and subsequently by V.
Jackson, Agents, and
assisted by S. Lee and M. Gray, Barristers); Commission of the
European Communities (represented: initially by S. Boelaert and
J. Aquilina, and subsequently by S. Boelaert, P. Aalto and
P. van Nuffel, Agents); Kingdom of the Netherlands (represented
by: M. de Grave and Y. de Vries, Agents)

Re:

initially,

APPLICATION,
for annulment of Council Decision
2007/445/EC of 28 June 2007 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism and repealing Decisions 2006/379/EC and
2006/1008/EC (OJ 2007 L 169, p. 58), so far as it concerns the
applicant.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded in so far as it seeks annulment
of Council Decision 2007/445/EC of 28 June 2007 imple-
menting Article 2(3) of Regulation (EC) No 2580/2001 on
specific restrictive measures directed against certain persons and
entities with a view to combating terrorism and repealing Decisions
2006/379/EC and 2006/1008/EC

2. Annuls Article 1 of Council Decision 2007/868/EC of
20 December 2007 implementing Article 2(3) of Regulation
No 2580/2001 on specific restrictive measures directed against
certain persons and entities with a view to combating terrorism and
repealing Decision 2007/445, and point 2.19 of the list annexed
to that decision, in so far as they concern the People's Mojahedin
Organization of Iran;

Judgment of the Court of First Instance of 20 October
2008 — Marcuccio v Commission

(Case T-278/07 P) (1)

(Appeal — Staff cases — Officials — Social security —
Industrial accident — Decision to close the procedure for the
application of Article 73 of the Staff Regulations — Lack of
an act causing adverse effect — Appeal unfounded)

(2008/C 313/57)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and C. Berardis-Kayser, agents, assisted by
A. Dal Ferro, lawyer)

Re:

Appeal against the order of the European Union Civil Service
Tribunal (First Chamber) of 11 May 2007 Marcuccio v Commis-
sion (Case F-2/06, not yet published in the ECR), for the annul-
ment of that order.

3. Dismisses the action as unfounded in so far as it seeks annulment
the other provisions of Decision 2007/868, so far as the

of
People's Mojahedin Organization of Iran is concerned;

Operative part of the judgment

4. Orders the Council to bear, in addition to its own costs, one third

of the costs of the People's Mojahedin Organization of Iran;

The Court:

1. dismisses the appeal;

5. Orders the United Kingdom of Great Britain and Northern Ireland,
the Commission and the Kingdom of the Netherlands to pay their
own costs.

2. orders Mr Luigi Marcuccio to bear his own costs and to pay the

Commission's costs before this Court.

(1) OJ C 211, 8.9.2007.

(1) OJ C 211, 8.9.2007.