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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.
ECLI:EU:T:2008:265
62005TJ0323
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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
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.