Judgment of the Court of First Instance of 6 July 2004 in Case T-117/02: Grupo El Prado Cervera, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark ‘CHUFAFIT’ — Earlier national word and figurative marks ‘CHUFI’ — Likelihood of confusion — Likelihood of association — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, trade-mark law

C 239/18

EN

Official Journal of the European Union

25.9.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 July 2004

in Joined Cases T-180/02 and T-113/03: Georgios Gouvras
v Commission of the European Communities (1)

of 15 July 2004

in Case T-117/02: Grupo El Prado Cervera, SL v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ‘CHUFAFIT’ — Earlier
national word and figurative marks ‘CHUFI’ — Likelihood of
confusion — Likelihood of association — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2004/C 239/36)

(Language of the case: German)

represented by P. Koch Moreno,

In Case T-117/02: Grupo El Prado Cervera, SL, established in
Valencia (Spain),
lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: J.F. Crespo Carrillo and G.
Schneider),
the other parties to the proceedings before the
Board of Appeal of OHIM, intervening before the Court of First
Instance, being Helene Debuschewitz and Others, as heirs of
Johann Debuschewitz, residing at Rösrath-Forsbach (Germany),
represented by E. Krings, lawyer — action for annulment of the
decision of the First Board of Appeal of OHIM of 12 February
2002 (Case R 798/2001-1) concerning the opposition proceed-
ings between Grupo El Prado Cervera, SL, and J. Debuschewitz
— the Court of First Instance (First Chamber), composed of B.
Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro,
Judges; I. Natsinas, Administrator, for the Registrar, has given a
judgment on 6 July 2004, in which it:

1. Dismisses the application;

(Officials — Posting — Secondment in the interest of the
service — Change with retrospective effect of the place of
employment and of the financial entitlements relating to it
— Recovery of undue payment — Installation allowance and
daily subsistence allowance — Transfer of part of emolu-
ments from the place of posting)

(2004/C 239/37)

(Language of the case: French)

the Commission of

In Joined Cases T-180/02 and T-113/03: Georgios Gouvras, an
the European Communities,
official of
residing at Bereldange (Luxembourg),
represented by J.-N.
Louis, É. Marchal and A. Coolen, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Curral and L. Lozano Palacios, with an
address for service in Luxembourg) — application:

in Case T-180/02, for annulment of the Commission's decision
to fix, with retrospective effect from 1 November 2000 during
the period of his secondment in the interest of the service, the
applicant's place of employment as Athens, to withdraw his
right to the expatriation allowance and his right to reimburse-
ment of annual travel expenses and to apply the weighting
coefficient for Greece to his pay, as well as the decision to
recover the undue payment, and,

in Case T-113/03, for annulment of the Commission's decision
refusing the applicant the installation allowance and the daily
subsistence allowance for the period of his secondment to
Athens in the interest of the service and the payment of the
installation allowance on his resettlement in Luxembourg, as
well as the decision limiting to 35 % the part of his pay to be
transferred to his place of employment in Luxembourg during
the period of his secondment — the Court of First Instance
(Third Chamber), composed of J. Azizi, President, M. Jaeger and
F. Dehousse, Judges; I. Natsinas, Administrator, for the Regis-
trar, has given a judgment on 15 July 2004, in which it:

1. Annuls the Commission's decision of 30 April 2002 insofar as it
refused the applicant the installation allowance on his secondment
to Athens;

2. Dismisses the other claims for annulment in Cases T-180/02 and

T-113/03;

3. Orders the Commission to bear its own costs and to pay a third of

the applicant's costs in the two cases;

2. Orders the applicant to pay the costs.

4. Orders the applicant to bear two thirds of his costs in those cases.

(1) OJ C 156 of 29.6.2002.

(1) OJ C 191 of 10.8.2002.