Translation of "était une illustration " (French → English) :

Furthermore, at paragraphs 82 and 81 of the judgments in T-109/08 and T-110/08 respectively, the Court held that, as regards the argument that none of the illustrations of the bottles of sparkling wine in the contested decisions referred to a bottle marketed at the time registration of the marks was sought, it was sufficient to point out that that argument was ineffective in so far as the Board of Appeal of OHIM had rightly stated, in those decisions, that ‘there [was] no history of wine producers having offered wine to the public in bottles without inscription, by solely or principally relying on the formal appearance of the bottle as t ...[+++]he indicator of the industrial or commercial origin of the product’.

The Court then held, at paragraph 50 of the judgments, that Freixenet was therefore wrong in claiming that the Board of Appeal had failed to comply with that provision by not inviting it to present its observations on well-known facts of which it could not have been unaware and which constituted the final position of OHIM or on the illustrations of the bottles.

Furthermore, finding that Freixenet had indeed had the opportunity to submit its observations on the illustrations of the bottles mentioned in the decisions of the Fourth Board of Appeal, the Court held, at paragraph 48 of those judgments, that Freixenet was not therefore justified in pleading, in that regard, infringement of the second sentence of Article 73 of Regulation No 40/94.

[18] The direct involvement of the JHA Council with the resettlement of Iraqi refugees from Syria and Jordan was, however, exceptional, illustrating the need for a structured decision-making mechanism and corresponding infrastructure which can be deployed to respond to developments.

The evaluators found that the eEurope 2005 Action Plan was an important factor helping to keep ICT on the political agenda at a time where interest in the subject was waning. eGovernment and eHealth are two examples where, thanks to eEurope, Member States are working towards precise goals underpinned by high-level support.

The indicators proved useful in the Spring Report for illustrating areas where more policy action was needed and for measuring the progress made towards the Lisbon goals.