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Case C-579/08 P: Appeal brought on 24 December 2008 by Messer Group GmbH against the judgment of the Court of First Instance (First Chamber) delivered on 15 October 2008 in Case T-305/06 Air Products and Chemicals Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
ECLI:EU:UNKNOWN:62008CN0579
62008CN0579
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Official Journal of the European Union
C 55/17
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(Case C-579/08 P)
(2009/C 55/27)
Language of the case: English
Parties
Appellant: Messer Group GmbH (represented by: W. Graf v. Schwerin and J. Schmidt, Attorneys at law)
Other parties to the proceedings: Air Products and Chemicals Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
The appellant claims that the Court should:
—Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06 and dismiss the action
—Order the applicant to pay the costs, including those of the appellant and intervener,
alternatively,
—Set aside the judgment of the Court of First Instance of 15 October 2008 in joined cases T-305/06, T-306/06 and T-307/06;
—Refer the case back to the Court of First Instance;
—Reserve the costs.
Pleas in law and main arguments
The applicant submits that the Court of First Instance failed to apply correctly the criteria laid down for the proper implementation of Article 8(1)(b) of Regulation (EC) No 40/94 (1).
Furthermore the applicant submits that the contested decision of the Court of First Instance is based on a substantive inaccuracy in its findings with respect to the determination of the relevant public.
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(1) Council Regulation (EC) No 40/94 of 20 December 2003 on the Community trade mark (OJ L 11, p. 1).
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