Case T-74/04: Judgment of the Court of First Instance of  22 February 2006  — Nestlé v OHIM (Community trade mark — Opposition procedure — Application for Community figurative trade mark including the word element  QUICKY  — Earlier Community, national and international figurative trade marks including the word element  QUICK  — Earlier national and international word marks  QUICK  — Earlier national word marks  QUICKIES  — Likelihood of confusion — Refusal to register — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-04-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), coffee, meat, mineral water, trade-mark law

22.4.2006

EN

Official Journal of the European Union

C 96/11

Judgment of the Court of First Instance of 23 February
2006 — Il Ponte Finanziaria v OHIM

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent)

(Case T-194/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark composed of the word
‘Bainbridge’ — Earlier national, figurative three-dimensional
and word marks including the word ‘Bridge’ — Proof of use
— Use in a different form — ‘Defensive’ trade marks —
Family of trade marks)

(2006/C 96/19)

Language of the case: Italian

Parties:

Applicant: Il Ponte Finanziaria (Scandicci, Italy) (represented by:
P.L. Roncaglia, A. Torrigiani Malaspina and M. Boletto, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Buffolo and O.
Montalto, agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Marine Enterprise
Projects — Società Unipersonale di Alberto Fiorenzi Srl
(Numana, Italy) (represented by: D. Marchi, lawyer)

Action

brought against the decision of the Fourth Board of Appeal of
OHIM of 17 March 2003 (Case R 1015/2001-4) relating to
opposition proceedings between Il Ponte Finanziaria SpA and
Marine Enterprise Projects — Società Unipersonale di Alberto
Fiorenzi Srl

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the applicant to pay the costs.

(1) OJ 2003 C 184.

Judgment of the Court of First Instance of 21 February
2006 — V v Commission

(Joined Cases T-200/03 and T-313/03) (1)

(Officials — Dismissal for incompetence — Article 51 of the
Staff Regulations — Manifest error of assessment — Misuse
of power — Duty to have regard for the welfare of officials
— Rights of the defence — Proportionality — Equality of
treatment — Statement of reasons — Staff report — Admis-
sibility — Legal interest in bringing proceedings)

Application for

Firstly, annulment of the appointing authority's decision to
dismiss the applicant for incompetence and, secondly, annul-
ment of the applicant's staff report for the 1999/2001 period

Operative part of the judgment

The Court:

1. Dismisses actions T-200/03 and T-313/03;

2. Orders each party to bear the costs it

incurred during these

proceedings and during the interlocutory proceedings.

(1) OJ C 200, 23.8.2003.

Judgment of the Court of First Instance of 22 February
2006 — Nestlé v OHIM

(Case T-74/04) (1)

(Community trade mark — Opposition procedure — Appli-
cation for Community figurative trade mark including the
word element ‘QUICKY’ — Earlier Community, national and
figurative trade marks including the word
international
element ‘QUICK’ — Earlier national and international word
marks ‘QUICK’ — Earlier national word marks ‘QUICKIES’
— Likelihood of confusion — Refusal to register — Article
8(1)(b) of Regulation (EC) No 40/94)

(2006/C 96/21)

Language of the case: French

Parties:

Applicant: Société des produits Nestlé SA (Vevey, Switzerland)
(represented by: J. Evrard and P. Péters, lawyers)

(2006/C 96/20)

Language of the case: French

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Parties

Applicant: V (Overijse, Belgium) (represented by: C. Mourato,
lawyer)

Other party or parties to the proceedings before the Board of
Appeal of OHIM intervening before the Court of First Instance:
Quick restaurants SA (Brussels, Belgium) (represented by: É. De
Gryse and D. Moreau, lawyers)

C 96/12

EN

Official Journal of the European Union

22.4.2006

Action

brought against the decision of the Second Board of Appeal of
OHIM of 17 December 2003 (Case R 922/2001-2) regarding
opposition proceedings between Société des Produits Nestlé SA
and Quick restaurants SA

Judgment of the Court of First Instance of 22 February
2006 — Standertskjöld-Nordenstam and Heyraud v
Commission

(Joined Cases T-437/04 and T-441/04) (1)

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the applicant to pay the costs in their entirety.

(1) OJ C 94, 17.4.2004.

(Officials — ‘Second round’ promotion — 2003 promotion
procedure — Failure to include on the list of the officials
selected for promotion to Grade A3 — Breach of Article 45
of the Staff Regulations and of the principle of equal treat-
ment)

(2006/C 96/23)

Language of the case: French

Parties

Judgment of the Court of First Instance of 22 February
2006 — Adam v Commission

(Case T-342/04) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Definition of 'services carried out for another State')

Standertskjöld-Nordenstam (Waterloo,
Applicants: Holger
lawyer) and Jean-
Belgium)
Claude Heyraud (Brussels, Belgium) (represented by S. Orlandi,
A. Coolen, J.-N. Louis and É. Marchal, lawyers)

(represented by: T. Demaseure,

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and B. Berscheid, Agents)

(2006/C 96/22)

Language of the case: French

Parties

Applicant: Herta Adam (Brussels, Belgium) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and L. Lozano Palacios, Agents)

Application for

Annulment of the Commission's decision of 2 September 2003
refusing the applicant the benefit of the expatriation allowance
provided for by Article 4 of Annex VII to the Staff Regulations
of officials of the European Communities

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 262, 23.10.2004.

Application for

Annulment of the Commission's decision not to include the
applicants' names on the list of the officials selected for promo-
tion to Grade A3 in the 'second round' of the 2003 promotion
procedure

Operative part of the judgment

The Court:

1.

joins Cases T-437/04 and T-441/04 for the purposes of the
judgment;

2. annuls the decisions of the Commission not to include the appli-
cants' names on the list of the officials selected for promotion to
Grade A3 in the 'second round' of the 2003 promotion procedure;

3. orders the Commission to pay the costs.

(1) OJ C 6, 8.1.2005.