Case T-578/08: Action brought on 23 December 2008 — DVB Project v OHIM — Eurotel (DVB)
Date: 2008-12-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), exchange of information, provision of services, telecommunications industry, trade-mark law

C 55/44

EN

Official Journal of the European Union

7.3.2009

Nor does the contested regulation pursue any of the objectives
of
the common agricultural policy that are laid down in
Article 33(1) EC.

In order to avoid difficulties in the execution of the annual plan,
the applicant calls on the court to limit the effects of the annul-
ment to the provision on purchases in Article 2 of Regulation
No 983/2008 in conjunction with Annex II thereto.

(1) Commission Regulation (EC) No 983/2008 of 3 October 2008
adopting the plan allocating to the Member States resources to be
charged to the 2009 budget year for the supply of food from inter-
vention stocks for the benefit of the most deprived persons in the
Community (OJ 2008 L 268, p. 3).

(2) Council Regulation (EC) No 1234/2007 of 22 October 2007 estab-
lishing a common organisation of agricultural markets and on
specific
(Single
CMO Regulation) (OJ 2007 L 299, p. 1).

certain agricultural

provisions

products

for

Action brought on 23 December 2008 — DVB Project v
OHIM — Eurotel (DVB)

(Case T-578/08)

(2009/C 55/78)

Language in which the application was lodged: English

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade
mark: The other party to the proceedings before the Board of
Appeal

Decision of the Cancellation Division: Dismissal of the request for
invalidity

Decision of the Board of Appeal: Allowed the appeal and annulled
the contested decision

Pleas in law: Infringement of Article 7(1)(c) of Council Regu-
lation 40/94 as the Board of Appeal wrongly found that a
monopoly on the registered Community trade mark subject of
the application for a declaration of invalidity would seriously
impair the business activities of traders in the field of telecom-
munication; Infringement of Articles 7(3) and 51(2) of Council
Regulation 40/94 as the Board of Appeal failed to analyse the
merits of the issue of acquired distinctiveness raised by the
applicant.

Action brought on 30 December 2008 — Cantiere Navale
De Poli v Commission

(Case T-584/08)

(2009/C 55/79)

Language of the case: Italian

Parties

Applicant: DVB Project (Le Grand Saconnex, Switzerland) (repre-
sented by: W. Pors, lawyer)

Parties

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

Applicant: Cantiere Navale De Poli SpA (represented by: A.
Abate, lawyer, R. Longanese Cattani, lawyer)

Other party to the proceedings before the Board of Appeal: Eurotel
SpA (Milan, Italy)

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 14 October 2008 in case R 1387/2007-2;
and

— Annul the decision adopted by the European Commission
on 21 October 2008 on State aid from Italy No C 20/2008
(ex N 62/2008).

— Order the Commission to pay the costs.

— Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark subject of
the application for a
declaration of invalidity: The mark ‘DVB’ for goods and services in
classes 9 and 38

Pleas in law and main arguments

Council Regulation (EC) No 1177/2002 of 27 June 2002
(OJ 2002 L 172, p. 1) is based on Article 87(3)(e) EC and intro-
duced a temporary defensive mechanism for shipbuilding, with
the aim of restoring the market conditions distorted by the anti-
competitive practices of the Korean shipyards. The expiry of the