Judgment of the Court of First Instance of 16 March 2005 in Case T-112/03 L'Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark FLEXI AIR — Earlier word mark FLEX — Relative ground for refusal — Likelihood of confusion — Request for proof of genuine use — Article 8(1)(b), Article 8(2)(a)(ii) and Article 43(2) of Regulation (EC) No 40/94)
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

28.5.2005

EN

Official Journal of the European Union

C 132/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 March 2005

of 17 March 2005

in Case T-112/03 L'Oréal SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

in Case T-160/03 AFCon Management Consultants and
Others v Commission of the European Communities (1)

(Community trade mark — Opposition proceedings — Appli-
cation for word mark FLEXI AIR — Earlier word mark FLEX
— Relative ground for refusal — Likelihood of confusion —
Request for proof of genuine use — Article 8(1)(b), Article
8(2)(a)(ii) and Article 43(2) of Regulation (EC) No 40/94)

(Tacis Programme — Invitation to tender — Irregularities in
the tendering procedure — Action for damages)

(2005/C 132/45)

(2005/C 132/46)

(Language of the case: English)

(Language of the case: English)

(OHIM)

In Case T-112/03: L'Oréal SA, established in Paris (France),
represented X. Buffet Delmas d'Autane, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs)
(Agents: B. Filtenborg, S. Laitinen and G.
Schneider), the other party to the proceedings before the Board
of Appeal of OHIM having been Revlon (Suisse) SA, established
in Schlieren (Switzerland) — action brought against the deci-
sion of the Fourth Board of Appeal of OHIM of 15 January
2003 (Case R 396/2001-4) relating to opposition proceedings
between L'Oréal SA and Revlon (Suisse) SA — the Court of
First Instance (Second Chamber), composed of J. Pirrung, Presi-
dent, A.W.H. Meij and I. Pelikánová, Judges; B. Pastor, Deputy
Registrar,
for the Registrar, gave a judgment on 16 March
2005, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 135 of 7.6.2003.

In Case T-160/03: AFCon Management Consultants, established
in Bray (Ireland), Patrick Mc Mullin, resident in Bray, Seamus
O'Grady, resident in Bray, represented by B. O'Connor, soli-
citor, and I. Carreño, lawyer, against Commission of the Euro-
pean Communities (Agents: J. Enegren and F. Hoffmeister, with
an address for service in Luxembourg) — application for
compensation for the damage allegedly suffered as a result of
irregularities in the tendering procedure for a project financed
by the Tacis programme (‘Project FDRUS 9902 — Agricultural
extension services in South Russia’) — the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President, R.
García-Valdecasas and J.D. Cooke,
Judges; D. Christensen,
Administrator, for the Registrar, gave a judgment on 17 March
2005, in which it:

1. Orders the Commission to pay AFCon the sum of EUR 48 605,
together with interest thereon from delivery of this judgment until
full payment. The rate of interest to be applied is to be calculated
on the basis of the European Central Bank's rate for its main refi-
nancing operations, in force during the period concerned, plus two
percentage points. The amount of interest is to be calculated on
the basis of compound interest;

2. Dismisses the application as to the remainder;