Case T-424/07: Judgment of the Court of First Instance of 20 January 2009 — Pioneer Hi-Bred International v OHIM (OPTIMUM) (Community trade mark — Application for the Community word mark OPTIMUM — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 — Obligation to state reasons — Examination of the facts of OHIM's own motion — Articles 73 and 74(1) of Regulation (EC) No 40/94)
Date: 2009-01-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), agricultural product, genetic engineering, trade-mark law

C 55/24

EN

Official Journal of the European Union

7.3.2009

Operative part of the judgment

The Court:

1. Dismisses the application for legal aid;

2. Dismisses the action;

3. Orders Commercy AG to pay the costs.

(1) OJ C 235, 6.10.2007.

3. orders Rednap to pay to the Commission default interest on the
sum of EUR 115 250,27 from 31 May 2002 at the statutory
rate under Greek law until the debt is totally discharged, which rate
may not, however, as from 1 August 2007, exceed 11,75 % per
annum;

4. orders Rednap to pay the costs.

(1) OJ C 269, 10.11.2007.

Judgment of the Court of First Instance of 20 January 2009
— Pioneer Hi-Bred International v OHIM (OPTIMUM)

Judgment of the Court of First Instance of 14 January 2009
— Commission v Rednap

(Case T-424/07) (1)

(Case T-352/07) (1)

(Arbitration clause — Contracts concluded in the context of
the fourth framework programme of activities in the fields of
research and technological development and demonstration —
Rise and Healthline projects — Non-compliance of part of the
declared expenditure with the contractual provisions — Repay-
ment of part of the advances paid — Default proceedings)

(2009/C 55/43)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and J. Enegren, acting as Agents)

Defendant: Rednap AB (Malmö, Sweden)

(Community trade mark — Application for the Community
word mark OPTIMUM — Absolute ground for refusal —
Lack of distinctive character — Article 7(1)(b) of Regulation
(EC) No 40/94 — Obligation to state reasons — Examination
of the facts of OHIM's own motion — Articles 73 and 74(1)
of Regulation (EC) No 40/94)

(2009/C 55/44)

Language of the case: English

Parties

Applicant: Pioneer Hi-Bred International, Inc.
(Johnston, Iowa,
United States) (represented by: G. Würtenberger, R. Kunze and
T. Wittmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: P. Bullock, acting as
Agent)

Re:

Re:

Action brought by the Commission under Article 238 EC
seeking repayment of part of the advances paid by the Com-
munity under the contracts DE 3010 (DE) Rise and HC 4007
(HC) Healthline, and payment of default interest

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 September 2007 (Case R 288/2007-2),
concerning an application for registration of
the word sign
OPTIMUM as a Community trade mark

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

1. orders Rednap AB to repay to the Commission the sum of

EUR 334 375,49;

2. Orders Pioneer Hi-Bred International, Inc. to pay the costs.

2. orders Rednap to pay to the Commission default interest on the
sum of EUR 219 125,22 from 1 June 2002 at the statutory rate
under Greek law until the debt is totally discharged, which rate may
not, however, as from 1 August 2007, exceed 11,75 % per
annum;

(1) OJ C 8, 12.1.2008.