EuG · T-382/09

Subject of the case Operative part Subject of the case Re: ACTION against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008‑4) concerning opposition proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG. Operative part Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 July 2009 (Case R 44/2008‑4) in so far as the Board of Appeal omitted to rule on the action brought before it as regards goods in Class 5; 2. Dismisses the remainder of the action; 3. Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM each to bear their own costs.