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C 143/40 EN Official Journal of the European Union 11.6.

2005

Action brought on 11 April 2005 by the Internationaler In addition, the applicant submits that the European Commis-
Hilfsfonds e.V. against the Commission of the European sion's action is arbitrary.
Communities

(1) Regulation (EC) No 1049/2001 of the European Parliament and of


the Council of 30 May 2001 regarding public access to European
(Case T-141/05) Parliament, Council and Commission documents (OJ 2001 L 145,
p. 43).
(2) Regulation (EC) No 45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of individuals with
(2005/C 143/75) regard to the processing of personal data by the Community institu-
tions and on the free movement of such data (OJ 2001 L 8, p. 1).

(Language of the case: German)

An action against the Commission of the European Commu- Action brought on 14 April 2005 by Flex Equipos de
nities was brought before the Court of First Instance of the Descanso, S.A. against the Office for Harmonisation in the
European Communities on 11 April 2005 by Internationaler Internal Market (Trade Marks and Designs)
Hilfsfonds e.V., Rosbach v.d.H. (Germany), represented by H.
Kaltenecker, lawyer.

(Case T-146/05)
The applicant claims that the Court of First Instance should:

— annul the decision of the Commission of 14 February 2005 (2005/C 143/76)


by which it denied the applicant unrestricted access to the
Commission's file in relation to Contract LIEN 97-2011;
(Language in which the application was lodged: English)
— order the defendant to pay the costs of the proceedings and
those of the applicant.

An action against the Office for Harmonisation in the Internal


Pleas in law and main arguments Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on by
Flex Equipos de Descanso, established in Alcobendas, Madrid
(Spain), represented by I. Valdelomar Serrano, lawyer.
In the contested document the Commission denied the appli-
cant unrestricted access to the European Commission's file
relating to Contract LIEN 97-2011 by reference to Article Recticel N.V. established in Sint-Lambrechts-Woluwe (Belguim)
4(1)(b) and the second subparagraph of Article 4(3) of the was also a party to the proceedings before the Board of
Transparency Regulation (1) and to the Data Protection Regu- Appeal.
lation (2).
The applicant claims that the Court should:

The applicant claims that the contested decision infringes — annul the decision of the First Board of Appeal of the
Article 4(3) of the Transparency Regulation. The applicant is of Office for Harmonisation in the Internal Market of 8
the opinion that the reasons given by the European Commis- February 2005 in case R 469/2004-2;
sion for its refusal to grant unrestricted access to the file
concerning Contract LIEN 97-2011, namely that unrestricted
access to the file would impair the decision-making process, — remit the case to the Office for Harmonisation in the
are invalid. The applicant further contends that there is public Internal Market and order it to deny from registration the
interest in the disclosure of the documents in question. The Community Trade Mark Application No. 1.278.175 RENO-
applicant also questions the applicability of Article 4(1)(b) of FLEX for all the goods in classes 17 and 20;
the Transparency Regulation.

— declare that the Office for Harmonisation in the Internal


Market is infringing the principle of legal certainty;
The applicant complains furthermore of the refusal to grant
unrestricted access to the file by reference to the Data Protec-
tion Regulation. — order the defendant to bear the costs.
11.6.2005 EN Official Journal of the European Union C 143/41

Pleas in law and main arguments: Action brought on 11 April 2005 by the Comunidad
Autónoma de Madrid and Madrid, Infraestructuras del
Transporte (MINTRA) against Commission of the Euro-
pean Communities
Applicant for Com- Recticel N.V.
munity trade mark:

(Case T-148/05)
Community trade mark The word mark ‘RENOFLEX’ for
concerned: goods inter alia in classes 17 and
20 (filling materials for seats,
benches for vehicles, furniture ...) (2005/C 143/77)
— application No 1 278 175

Proprietor of mark or The applicant


sign cited in the opposi- (Language of the case: Spanish)
tion proceedings:

Trade mark or sign The national figurative marks


cited in opposition: ‘FLEX’ for goods in classes 17 and
20 respectively (rubber, beds, An action against the Commission of the European Commu-
mattresses, convertible furniture, nities was brought before the Court of First Instance of the
desks ...) European Communities on 11 April 2005 by the Comunidad
Autónoma de Madrid and Madrid, Infraestructuras del Trans-
porte (MINTRA), having its principal place of business in
Decision of the Opposi- Opposition upheld for all the Madrid, represented by C. Fernández Vicién, D. Ortega Peciña
tion Division: contested goods and J. Sabater Marotias, lawyers.

Decision of the Board Annulment of the Opposition The applicant claims that the Court should:
of Appeal: Division's decision

— annul the Commission's decision; and


Pleas in law: The likelihood of confusion
between the Community trade
mark and the earlier trade marks
is evident because of the similarity — order the Commission to pay the costs.
of the signs and the fact that the
goods covered by the trade marks
are partly identical, partly similar.
The Community trade mark bears
a close resemblance with the Pleas in law and main arguments
earlier trade marks, due to the fact
that the word element and domi-
nant part of the earlier trade
marks, FLEX, is included in the
contested Community trade mark, The present action is brought against the defendant's decision
RENOFLEX. The addition of the classifying MINTRA in the general sector ‘public administra-
word RENO does not alter the tions’, in accordance with the ‘European system of accounts —
overall impression. ESA 1995’ provided for in Annex A to Council Regulation (EC)
No 2223/96 of 25 June 1996 on the European system of
The contested decision therefore national and regional accounts in the Community. (1) The ESA
entails an infringement of Article 1995 consists of a series of definitions, nomenclatures and
8(1)b of Council Regulation No rules of accounting methodology which the Member States
40/94. apply when drawing up their national accounts and economic
The Office for Harmonisation in statistics. That accounting system is also used for the applica-
the Internal Market has further tion of the excessive deficit procedure.
more infringed the principal of
legal certainty.
MINTRA is a public-law entity of the Comunidad de Madrid
attached to the Consejería de Transportes e Infraestructuras. It
has legal personality and its own assets and also full capacity to
act. It also has the capacity to incur autonomous debts with
regard to the Comunidad de Madrid.