Case T-476/08: Action brought on 4 November 2008 — Media-Saturn v OHIM (BEST BUY)
Date: 2008-11-04
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Germany, action for annulment (EU), audiovisual industry, services company

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).

20.12.2008

EN

Official Journal of the European Union

C 327/41

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1) in that the trade mark applied for has the neces-
sary minimum distinctive character.

Order of the Court of First Instance of 11 September 2008
— Italy v Commission

(Case T-126/06) (1)

(2008/C 327/74)

Language of the case: Italian

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

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

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 143, 17.6.2006.

Order of the Court of First Instance (Sixth Chamber) of
14 October 2008 — Casinò municipale di Venezia v
Commission

(Case T-221/00) (1)

(2008/C 327/72)

Language of the case: Italian

The President of the Court of First Instance (Sixth Chamber,
Extended Composition) has ordered that the case be removed
from the register.

Order of the Court of First Instance of 4 November 2008
— Omya v Commission

(Case T-275/06) (1)

(2008/C 327/75)

Language of the case: English

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 316, 4.11.2000.

(1) OJ C 294, 2.12.2006.

Order of the Court of First Instance of 13 October 2008 —
v
Azivo Algemeen

Volharding

Ziekenfonds De
Commission

Order of the Court of First Instance of 5 November 2008
— Xinhui Alida Polythene v Council

(Case T-84/06) (1)

(2008/C 327/73)

(Case T-364/06) (1)

(2008/C 327/76)

Language of the case: Dutch

Language of the case: English

The President of the Third Chamber has ordered that the case
be removed from the register.

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 108, 6.5.2006.

(1) OJ C 20, 27.1.2007.