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20.6.

2009 EN Official Journal of the European Union C 141/21

Re: 2. Mr Sack shall bear his own costs and pay the costs incurred by the
Commission of the European Communities.
Appeal brought against the judgment of the Second Chamber of
the Court of First Instance of 22 May 2007 in Case T-198/05
Mebrom v Commission by which the Court dismissed as (1) OJ C 107, 26.4.2008.
unfounded an action for compensation for the damage
allegedly suffered by the appellant following the Commission’s
failure to set up, for January and February 2005, a system
allowing it to import methyl bromide into the European
Union in accordance with Articles 6 and 7 of Regulation (EC) Order of the Court (Eighth Chamber) of 5 March 2009 —
No 2037/2000 of the European Parliament and of the Council K & L Ruppert Stiftung & Co. Handels-KG v Office for
of 29 June 2000 on substances that deplete the ozone layer (OJ Harmonisation in the Internal Market (Trade Marks and
2000 L 244, p. 1). Designs), Natália Cristina Lopes de Almeida Cunha,
Cláudia Couto Simões, Marly Lima Jatobá
Operative part (Case C-90/08 P) (1)
Το Δικαστήριο διατάσσει:
(Appeal — Community trade mark — Application for regis­
1. The appeal is dismissed. tration of the Community figurative mark CORPO LIVRE —
Opposition on the part of the proprietor of the earlier national
2. Mebrom NV shall pay the costs. and international word marks LIVRE — Proof of use of the
earlier marks submitted out of time — Rejection of the
opposition)
(1) OJ C 247, 20.10.2007.
(2009/C 141/37)

Language of the case: German


Order of the Court of 20 January 2009 — Jörn Sack v
Commission of the European Communities Parties

(Case C-38/08 P) (1) Appellant: K & L Ruppert Stiftung & Co. Handels-KG (repre­
sented by: D. Spohn, Rechtsanwältin)
(Appeal — Civil service — Remuneration — Non-application
Other parties to the proceedings: Office for Harmonisation in the
of the increment provided for heads of unit to a legal adviser
Internal Market (Trade Marks and Designs) (represented by: G.
of grade A*14 — Principle of equal treatment)
Schneider, acting as Agent), Natália Cristina Lopes de Almeida
Cunha, Cláudia Couto Simões, Marly Lima Jatobá
(2009/C 141/36)

Language of the case: German Re:


Appeal against the judgment of the Court of First Instance
Parties (Second Chamber) of 12 December 2007 in Case T-86/05 K
& L Ruppert Stiftung v OHIM — Lopes de Almeida Cunha, Couto
Appellant: Jörn Sack (represented by: D. Mahlo, Rechtsanwalt) Simões, Lima Jatobá by which the Court dismissed an action for
annulment brought by the proprietor of the national and inter­
Other party to the proceedings: Commission of the European
national word marks ‘LIVRE’ for goods in Class 25 against the
Communities (represented by: B. Wägenbaur and J. Currall,
decision of the First Board of Appeal of OHIM of 7 December
acting as Agent)
2004 dismissing the appeal against the Opposition Division’s
decision rejecting the opposition brought by that proprietor
Re: against registration of the Community figurative mark
‘CORPO LIVRE’ in respect of goods in Classes 18 and 25 —
Appeal brought against the judgment of the Court of First
Opposition proceedings — Rejection of the opposition on the
Instance (Fifth Chamber) of 11 December 2007 in Case T-
basis that the proof of use of the earlier marks was submitted
66/05 Sack v Commission, by which the Court of First
out of time
Instance rejected the application for the annulment of the
decisions relating to the setting of the applicant’s monthly
salary for the period from May 2004 to February 2005, appli­ Operative part of the order
cation for that salary to be recalculated and application for the
The Court:
annulment of the decision expressly rejecting the applicant’s
complaint — Non-application of the increment provided for 1. Dismisses the appeal;
heads of unit to a legal adviser of grade A*14 in the Commis­
sion’s legal service responsible for the coordination of a 2. Orders K & L Ruppert Stiftung & Co. Handels-KG to pay the
working group — Infringement of the principle of equal costs.
treatment.

Operative part (1) OJ C 142, 07.06.2008.

1. The appeal is dismissed;