Case T-177/04: Judgment of the Court of First Instance of 4 July 2006 — easyJet Airline v Commission (Competition — Concentrations — Regulation (EEC) No 4064/89 — Decision declaring a concentration compatible with the common market — Action brought by a third party — Admissibility — Air transport market — Commitments)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), air transport, competition law, dominant position, economic concentration, merger control

2.9.2006

EN

Official Journal of the European Union

C 212/29

Judgment of the Court of First Instance of 4 July 2006 —
easyJet Airline v Commission

Order of the Court of First Instance of 16 June 2006 —
Volkswagen v OHIM (CLIMATIC)

(Case T-177/04) (1)

(Case T-306/03) (1)

(Competition — Concentrations — Regulation (EEC) No
4064/89 — Decision declaring a concentration compatible
with the common market — Action brought by a third party
— Admissibility — Air transport market — Commitments)

(2006/C 212/51)

Language of the case: English

Parties

Applicant: easyJet Airline Co. Ltd (Luton, United Kingdom)
(represented by: initially by J. Cook, J. Parker and S. Dolan, Soli-
citors, and subsequently by M. Werner and M. Waha, avocats,
L. Mills, Solicitor, M. de Lasala Lobera and R. Malhotra,
avocats)

Defendant: Commission of the European Communities (repre-
sented by: P. Oliver, A. Bouquet and A. Whelan, Agents)

Intervener in support of
sented by: G. de Bergues, Agent)

the defendant: French Republic (repre-

Re:

(Community trade mark — Partial refusal of registration —
Withdrawal of the application for registration — No need to
adjudicate)

(2006/C 212/52)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented
by: S. Risthaus, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: B. Müller and G.
Schneider, Agents)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 7 July 2003 (Case R 1012/2001-2)
regarding an application for registration of a figurative mark
containing the word sign CLIMATIC as a Community trade
mark

Operative part of the judgment

1. There is no longer any need to adjudicate on the action.

2. The applicant is ordered to pay the costs.

Annulment of the Commission Decision of 11 February 2004
declaring compatible with the common market the concentra-
tion between Air France and KLM (Case No COMP/M.3280 —
Air France/KLM) (OJ 2004 C 60, p. 5), whereby Air France was
to acquire full control of KML

(1) OJ C 289 of 29.11.2003

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant to bear its own costs and to pay those of the

Commission.

3. Orders the French Republic to bear its own costs.

Parties

Action brought on 26 April 2006 — Diy-Mar Insaat Sanayi
ve Ticaret and Akar v Commission

(Case T-129/06)

(2006/C 212/53)

Language of the case: German

(1) OJ C 201, 7.8.2004.

Applicants: Diy-Mar Insaat Sanayi ve Ticaret Limited Sirketi
(Cankaya/Ankara,
(Cankaya/Ankara, Turkey) and M. Akar
Turkey) (represented by: C. Sahin, lawyer)

Defendant: Commission of the European Communities