Case T-187/06: Order of the Court of First Instance of 19 November 2008 — Ralf Schräder v OHIM — (SUMCOL 01) (Community plant variety rights — Plant variety SUMCOL 01 — Rejection of the application for a Community plant variety right — Lack of distinctive character of the candidate variety)
Date: 2008-11-19
Institutions: Court of First Instance
Subjects: Community Plant Variety Office, action for annulment (EU), crop production, plant propagation, protection of plant life

10.1.2009

EN

Official Journal of the European Union

C 6/21

2. Annuls vacancy notice COM/2005/335 for the post of Director-
General (grade A*15/A*16) of the European Anti-Fraud Office
(OLAF), published by the Commission on 9 February 2005
(OJ 2005 C 34 A, p. 3);

3. Orders each party to bear its own costs.

Judgment of the Court of First Instance of 19 November
2008 — Greece v Commission

(Case T-404/05) (1)

(Cohesion Fund — Athens International Airport — Reduction
of financial assistance — Principle of proportionality)

(1) OJ C 155, 25.6.2005.

(2009/C 6/42)

Language of the case: Greek

Judgment of the Court of First Instance of 12 November
2008 — Nalocebar v OHIM — Limiñana y Botella
(Limoncello di Capri)

(Case T-210/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark Limoncello di
Capri — Earlier national word mark LIMONCHELO — Rela-
confusion —
tive ground for

refusal — Likelihood of

Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/41)

Language of the case: Italian

Parties

Applicant: Nalocebar — Consultores e Serviços Lda (São Pedro,
(represented by: G. Pasquarella and R. Pasquarella,
Portugal)
lawyers)

Parties

Applicant: Hellenic Republic (represented by: M. Tassopoulou,
Agent, assisted by N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and A. Weimar, Agents)

Re:

for

annulment

Application
Commission Decision
C(2005) 3243 final of 1 September 2005 reducing the financial
the Cohesion Fund for Project
assistance granted under
No 95/09/65/040 (new Athens International Airport at Spata)
by Commission Decision C(96) 1356 final of 24 May 1996.

of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Hellenic Republic to pay the costs.

Defendant: Office for Harmonisation in the Internal Market
initially M. Capo-
(Trade Marks and Designs) (represented by:
stagno and then O. Montalto, Agents)

(1) OJ C 22, 28.1.2006.

Other party to the proceedings before the Board of Appeal of OHIM:
Limiñana y Botella, SL (Monforte del Cid, Spain)

Re:

ACTION brought against the decision of the First Board of
Appeal of OHIM of 18 March 2005 (Case R 646/2004-1)
relating to opposition proceedings between Limiñana y Botella,
SL and Nalocebar — Consultores e Serviços Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

Order of the Court of First Instance of 19 November 2008
— Ralf Schräder v OHIM — (SUMCOL 01)

(Case T-187/06) (1)

(Community plant variety rights — Plant variety SUMCOL 01
— Rejection of the application for a Community plant variety
right — Lack of distinctive character of the candidate variety)

(2009/C 6/43)

Language of the case: German

2. Orders Nalocebar — Consultores e Serviços Lda to pay the costs.

Parties

(1) OJ C 182, 23.7.2005.

(repre-
Applicant: Ralf Schräder (Lüdinghausen — Germany)
sented by:
initially by T. Leidereiter, W.-A. Schmidt and
I. Memmler, and later by T. Leidereiter and W.-A. Schmidt,
lawyers)

C 6/22

EN

Official Journal of the European Union

10.1.2009

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: B. Kiewiet and
M. Ekvad, Agents, assisted by G. Schohe, lawyer)

2. Orders Rautaruukki Oyj to pay the costs.

(1) OJ C 281, 18.11.2006.

Re:

ACTION against the decision of the Board of Appeal of the
CPVO of 2 May 2006 (Case A 003/2004), concerning an appli-
cation for Community plant variety rights in respect of the
plant variety SOMCOL 01

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ralf Schräder to pay the costs.

(1) OJ C 212, 2.9.2006.

Judgment of the Court of First Instance of 12 November
2008 — Lego Juris v OHIM — Mega Brands (Red Lego
brick)

(Case T-270/06) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark — Red Lego brick — Absolute
ground for refusal — Sign which consists exclusively of the
shape of goods which is necessary to obtain a technical result
— Article 7(1)(e)(ii) of Regulation (EC) No 40/94 — Offers
of evidence)

(2009/C 6/45)

Language of the case: English

Judgment of the Court of First Instance of 19 November
2008 — Rautaruukki v OHIM — (RAUTARUUKKI)

Parties

(Case T-269/06) (1)

(Community trade mark — Application for the Community
word mark RAUTARUUKKI — Absolute grounds for refusal
of registration — Descriptive character — Absence of distinc-
tive character — Article 7(1)(b) and (c) and Article 7(3) of
Regulation (EC) No 40/94 — Evidence offered in support)

(2009/C 6/44)

Language of the case: English

Applicant: Lego Juris A/S (Billund, Denmark)
V. von Bomhard, A. Renck and T. Dolde, lawyers)

(represented by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
Inc.
intervener before the Court of First
(Montreal, Canada)
(represented by: P. Cappuyns and C. De
Meyer, lawyers)

Instance: Mega Brands,

Parties

Re:

Applicant: Rautaruukki Oyj (Helsinki, Finland) (represented by:
P. Hagman, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

Re:

ACTION brought against the decision of the Fourth Board of
Appeal of OHIM of 20 July 2006 (Case R 48/2006-4)
concerning the registration of the word mark RAUTARUUKKI
as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

Action brought against the decision of
the Grand Board of
Appeal of OHIM of 10 July 2006 (Case R 856/2004-G) relating
to invalidity proceedings between Mega Brands, Inc. and Lego
Juris A/S.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lego Juris A/S to pay the costs.

(1) OJ C 294, 2.12.2006.