Appeal brought on 17 July 2009 by Herbert Meister against the judgment of the Civil Service Tribunal delivered on 18 May 2009 in Joined Cases F-138/06 and F-37/08 Meister v OHIM

(Case T-284/09 P)

Language of the case: German

Parties

Appellant: Herbert Meister (Muchamiel, Spain) (represented by H.-J. Zimmermann, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought by the appellant

That the judgment of the Civil Service Tribunal of 18 May 2009 in Case F-37/08 Meister v OHIM be set aside;

that OHIM be ordered to pay the costs.

Pleas in law and main arguments

The appeal is brought against the judgment of the Civil Service Tribunal of 18 May 2009 in Joined Cases F-138/06 and F-37/08 Meister v OHIM, in which, inter alia, the appellant's pleas in Case F-37/08 were rejected.

In support of his appeal, the appellant claims primarily that, the Civil Service Tribunal breached its duty of neutrality and objectivity, that it did not carry out an accurate assessment of the facts of the case but rather a one-sided assessment, and that it distorted the facts of the case. Furthermore, the Civil Service Tribunal is criticised for improper procedural confusion regarding the respective subject-matter of Case F-138/06 and Case F-37/08. In addition, the appellant alleges that the Civil Service Tribunal erred in law in its judgment on the facts of the case. Lastly, the appellant criticises the Civil Service Tribunal's decision on costs.

The appellant takes the view that the Civil Service Tribunal, by its infringements, also breached its duty to provide lawful grounds for the judgment under appeal.

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