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Document 62005TJ0323

Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008.
The Coffee Store GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark THE COFFEE STORE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-323/05.

European Court Reports 2008 II-00129*

ECLI identifier: ECLI:EU:T:2008:265





Order of the Court of First Instance (First Chamber) of 14 July 2008 – Fresyga v Commission

(Case T-323/06)

Action for annulment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Decision 2006/613/EC – List of sites of Community importance for the Mediterranean biogeographical region – Challengeable act – Lack of direct effect – Inadmissible

1.                     Actions for annulment – Actionable measures – Meaning – Measures producing binding legal effects (Art. 230, first para., EC; Council Directive 92/43, Arts 4(2), 5 and 6; Commission Decision 2006/613, Art. 1, second para., and Annexes 1, 2 and 3) (see paras 22-26)

2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Directive 92/43, Arts 4(5) and 6; Commission Decision 2006/613, Annex 1) (see paras 32-37)

Re:

Partial annulment of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Ramblas de Gergal, Tabernas y Sur de Sierra Alhamilla’, which includes land belonging to the applicant, to be a site of Community importance for the Mediterranean biogeographical region.

Operative part

The Court:

1.

Dismisses the action as inadmissible;

2.

Orders Fresyga SA to bear its own costs and to pay those of the Commission.

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