do-me/EUR-LEX huggingface dataset:
Case C-579/08 P: Order of the Court (Seventh Chamber) of 15 January 2010 — Messer Group GmbH v Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word marks Ferromix, Inomix and Alumix — Earlier word marks FERROMAXX, INOMAXX and ALUMAXX — Opposition by the proprietor of the trade mark — Relevant public — Degree of similarity — Limited distinctive character of the earlier mark — Likelihood of confusion)
Date: 2010-01-15
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, domestic market, gas, metalworking, ordinance, steel, trade-mark law








C_2010100EN.01001201.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/12





Order of the Court (Seventh Chamber) of 15 January 2010 — Messer Group GmbH v Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-579/08 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Ferromix, Inomix and Alumix - Earlier word marks FERROMAXX, INOMAXX and ALUMAXX - Opposition by the proprietor of the trade mark - Relevant public - Degree of similarity - Limited distinctive character of the earlier mark - Likelihood of confusion)
2010/C 100/18
Language of the case: English

Parties


Appellant: Messer Group GmbH (represented by: W. Graf v. Schwerin and J. Schmidt, Rechtsanwälte)

Other parties to the proceedings: Air Products and Chemicals Inc. (represented by: S. Heurung, Rechtsanwältin), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 October 2008 in Joined Cases T-305/06 to 307/06 Air Products and Chemicals v OHIM, by which the Court annulled the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 12 September 2006 dismissing the appeals brought by the proprietor of the Community word marks ‘FERROMAXX’, ‘INOMAXX’ and ‘ALUMAXX’ in respect of goods in Class 1 against the Cancellation Division’s decisions which had refused, in part, the opposition filed against the applications for registration of the word marks ‘FERROMIX’, ‘INOMIX’ and ‘ALUMIX’ in respect of goods in Classes 1 and 4

Operative part of the order







1.


The principal appeal and the cross-appeal are dismissed.










2.


Messer Group GmbH shall bear its own costs and pay the costs incurred by Air Products and Chemicals, Inc.










3.


The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) shall bear its own costs.






(1)  OJ C 55, 07.03.2009.
Case C-25/10: Reference for a preliminary ruling from the Tribunal de première instance de Liège (Belgium), lodged on 15 January 2010 — Missionswerk Werner Heukelbach e.V. v État belge — Service Public Fédéral Finances
Date: 2010-01-15
Institutions: Court of Justice
Subjects: Belgium, interpretation of the law, tax system








C_2010100EN.01001701.xml










17.4.2010   


EN


Official Journal of the European Union


C 100/17





Reference for a preliminary ruling from the Tribunal de première instance de Liège (Belgium), lodged on 15 January 2010 — Missionswerk Werner Heukelbach e.V. v État belge — Service Public Fédéral Finances
(Case C-25/10)
2010/C 100/25
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicant: Missionswerk Werner Heukelbach e.V.

Defendant: État belge — Service Public Fédéral Finances

Question referred

Must Articles 18 (ex Article 12 EC), 45 (ex Article 39 EC), 49 (ex Article 43 EC) and 54 (ex Article 48 EC) of the Treaty on the Functioning of the European Union be interpreted as prohibiting the legislature of a Member State from adopting or maintaining a rule the purpose of which is to reserve the benefit of taxation at the reduced rate of 7 % to non-profit-making associations, friendly societies or national unions of friendly societies, professional unions and international non-profit-making associations, private foundations and public-interest foundations established in a Member State in which the deceased — a resident of Wallonia — actually resided or where she had her place of work at the time of death, or in which she had previously actually resided or had her place of work?