Case T-29/04: Judgment of the Court of First Instance of  8 December 2005  — Castellblanch v OHIM (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark containing the word element  CRISTAL CASTELLBLANCH  — Earlier national word mark CRISTAL — Genuine use of the earlier mark — Likelihood of confusion — Article 8(1)(b), Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), champagne, sparkling wine, trade-mark law

C 48/28

EN

Official Journal of the European Union

25.2.2006

3. Dismisses the remainder of the actions;

Operative part of the judgment

4. In Cases T-155/03 and T-157/03, orders the Commission to

The Court:

pay the costs;

1) Dismisses the action;

5. In Case T-331/03, orders the Commission to bear its own costs

and to pay half the applicant's costs.

2) Orders the applicant to pay the costs.

(1) OJ C 171, 19.7.2003.

(1) OJ C 71 of 20. 03. 2004.

Judgment of the Court of First Instance of 8 December
2005 — Castellblanch v OHIM

(Case T-29/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark containing the
word element
‘CRISTAL CASTELLBLANCH’ — Earlier
national word mark CRISTAL — Genuine use of the earlier
mark — Likelihood of confusion — Article 8(1)(b), Article
15(2)(a) and Article 43(2) and (3) of Regulation (EC) No
40/94)

Judgment of the Court of First Instance of 22 December
2005 — Gorostiaga Atxalandabaso v Parliament

(Case T-146/04) (1)

(Rules governing the payment of expenses and allowances to
Members of the European Parliament — Review of use of
allowances — Justification of expenses — Recovery of a debt
by offsetting)

(2006/C 48/53)

Language of the case: French

(2006/C 48/52)

Language of the case: English

Parties

Parties

Applicant: Koldo Gorostiaga Atxalandabaso (Saint-Pierre-d'Irube,
France) (represented by: D. Rouget, lawyer)

Defendant: European Parliament (represented by H. Krück, C.
Karamarcos and D. Moore, Agents)

Applicant: Castellblanch, SA (Sant Sadurni d'Anoia, Spain)
(represented by: F. de Visscher, E. Cornu, É. De Gryse and D.
Moreau, lawyers)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by its Agent)

Defendant: Office for Harmonisation in the Internal Market
I. de Medrano
(Trade Marks and Designs)
Caballero, Agent)

(represented by:

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: Champagne
Louis Roederer SA (Reims, France) (represented by: P. Cousin,
lawyer)

Application for

Annulment of the decision of the Secretary-General of the
European Parliament of 24 February 2004 concerning the
recovery of sums paid to the applicant as parliamentary
expenses and allowances

Action

brought against the decision of the Second Board of Appeal of
OHIM of 17 November 2003 (Case R 37/2000-2), relating to
opposition proceedings between Castellblanch, SA and Cham-
pagne Louis Roederer SA

Operative part of the judgment

The Court:

1) Annuls the decision of

the Secretary-General of

the European
Parliament of 24 February 2004 concerning the recovery of sums
paid to the applicant as parliamentary expenses and allowances in
so far as it provides that the sum owed by the applicant will be
recovered by offsetting.