Case T-405/05: Action brought on  14 November 2005  — Manpower Personalservice v OHIM
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

28.1.2006

EN

Official Journal of the European Union

C 22/17

Action brought on 9 November 2005 — Hellenic Republic
v Commission of the European Communities

Republic submits,
the correction in question
that
infringes the principle of proportionality and is unlawful and
unjustified.

finally,

(Case T-404/05)

(2006/C 22/32)

Language of the case: Greek

Action brought on 14 November 2005 — Manpower
Personalservice v OHIM

Parties

Applicant: Hellenic Republic (represented by: Nikolaos Koro-
giannakis and Nikolaos Keramidas, lawyers, assisted by Maria
Tassopoulou)

Defendant: Commission of the European Communities

(Case T-405/05)

(2006/C 22/33)

Language in which the application was lodged: German

Form of order sought

The applicant claims that the Court should:

Parties

— annul Commission Decision C(2005) 3243 of 1 September
2005 on the reduction of assistance granted by the Cohe-
sion Fund for Project No 95/09/65/040 (New Athens Inter-
national Airport at Spata) on the basis of Commission Deci-
sion C(96) 1356 of 24 May 1996;

— order the Commission to refund, with interest at the statu-
tory rate, the sum paid by the Hellenic Republic, which
corresponds to the reduction in assistance;

— order the Commission to pay the costs.

Applicant: Manpower Personalservice GmbH (Sankt Pölten,
Austria) (represented by: B. Kuchar, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Manpower
(Milwaukee, Wisconsin, United States of
America)

Inc.

Pleas in law and main arguments

Form of order sought

By the contested decision, the Commission sought the reimbur-
sement, as wrongly paid, of the sum of EUR 12 781 410,
invoking irregularities with regard to the financial assistance of
the Cohesion Fund for the Project ‘New Athens International
Airport at Spata’.

The Hellenic Republic seeks annulment of the decision, submit-
ting that it was not adopted within the time-limit laid down by
Article 18(3) of Regulation No 1386/2002 and Article H of
Annex II to Regulation No 1164/1994.

In the alternative, the Hellenic Republic disputes the Commis-
sion's assessment
taken of a sum
that account was not
amounting to EUR 48 000 000 in respect of air navigation
equipment. It further submits that, by imposing a correction of
2 % for an alleged failure to observe adequately the prescribed
publicity measures,
the Commission impermissibly applied
Decision 455/96 retroactively to the project which, since it
preceded that decision, was not subject to it. The Hellenic

The applicant claims that the Court should:

— annul the contested decision of the Fourth Board of Appeal
of OHIM of 22 July 2005 in Case R 499/2004-4 and
declare the Community trade mark 000076059 invalid for
all goods and services;

— in the alternative, annul

the contested decision of

the
Fourth Board of Appeal of OHIM of 22 July 2005 in Case
R 499/2004-4 inasmuch as it relates to the failure to prove
the acquired distinctiveness of the Community trade mark
000076059 and refer the case back to the Fourth Board of
Appeal

— In any case, order OHIM and — in the event of written
intervention — the proprietor of the Community trade
mark to pay their own costs and the applicant's costs as
regards the proceedings before OHIM and these proceed-
ings

C 22/18

EN

Official Journal of the European Union

28.1.2006

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: ‘MANPOWER’ for goods and services
in Classes 9, 16, 35, 41 and 42 — Community trade mark No
76059

Proprietor of the Community trade mark: Manpower Inc.

Applicant for the declaration of invalidity: The applicant

Decision of the Cancellation Division: Rejection of the application
for a declaration of invalidity

Applicant for a Community trade mark: A. Racke GmbH & Co.
OHG

Community trade mark concerned: The figurative mark ‘REVIAN's’
in gold, black and white for goods in Class 33 (Wine and
sparkling wine) — Application No 945 758

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant

Mark or sign cited in opposition: The national and international
word and figurative marks ‘EVIAN’ for goods in Classes 32 and
33 (beer, alcoholic beverages, water, lemonades…)

Decision of
appeal

the Board of Appeal: Dismissal of the applicant's

Decision of the Opposition Division: Rejection of the opposition

Pleas in law: Infringement of Article 7(1)(b) and Article 7(1)(c)
of Council Regulation No 40/94 as the registered mark is
descriptive throughout
the Community and not distinctive.
Moreover, the word 'MANPOWER' needs to be kept free for
trade.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as the likelihood of confusion between the
marks was rejected without assessment as to the distinctive
character of the mark EVIAN and as there was an error in law
in appraising the similarity of the goods.

Moreover, the opposition was not unfounded as the transla-
tions required under Rule 17(2) of Commission Regulation No
2868/95 were submitted.

Action brought on 16 November 2005 — Evian v OHIM

(Case T-407/05)

(2006/C 22/34)

Language in which the application was lodged: German

Action brought on 16 October 2005 — Luigi Marcuccio v
Commission

Parties

Applicant: Société Anonyme des Eaux Minérales d'Evian (Evian,
France) (represented by: C. Herzt-Eichenrode, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

(Case T-408/05)

(2006/C 22/35)

Language of the case: Italian

Other party to the proceedings before the Board of Appeal of OHIM:
A. Racke GmbH & Co. OHG (Bingen, Germany)

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: Ales-
sandro Distante, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul decision no 2754/2001 of the Opposition Division

of OHIM of 23 November 2001;

— annul

the implied decision rejecting the request of 11

October 2004;

— annul the decision of the Fourth Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market
Marks and Designs) of 22 July 2005 (Case R 82/2002-4);

— order the defendant to pay the costs.

— annul, so far as necessary, the decision of 4 August 2005;

— order the defendant to pay the applicant the additional sum
of EUR 381.04 needed to make up 100 % (one hundred
per cent) reimbursement of medical expenses;