EuG · T-274/09

Subject of the case Operative part Subject of the case Re: ACTION against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 1380/2007‑1), relating to opposition proceedings between Deutsche Bahn AG and DSB. Operative part Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 April 2009 (Case R 1380/2007-1) and the decision of the Opposition Division of OHIM of 26 July 2007; 2. Orders OHIM to pay the costs incurred by Deutsche Bahn AG for the purposes of the present court proceedings and the proceedings before the Board of Appeal; 3. Orders OHIM and DSB to bear their own costs.