Case T-175/06: Action brought on 29 June 2006 — Coca-Cola Company v OHIM — Azienda Agricola San Polo (MEZZOPANE)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, wine

2.9.2006

EN

Official Journal of the European Union

C 212/33

Action brought on 29 June 2006 — Coca-Cola Company v
OHIM — Azienda Agricola San Polo (MEZZOPANE)

Action brought on 3 July 2006 — Ayuntamiento de
Madrid and Madrid Calle 30 v Commission of the Euro-
pean Communities

(Case T-175/06)

(2006/C 212/59)

Language in which the application was lodged: Spanish

(Case T-177/06)

(2006/C 212/60)

Language of the case: Spanish

Parties

Applicant: Coca-Cola Company (N.W Atlanta, Georgia, U.S.A)
(represented by: E. Armijo Chavarri and A. Castán Pérez-
Gómez, lawyers)

Parties

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

Applicants: Ayuntamiento de Madrid and Madrid Calle 30
(Madrid) (represented by: J. L. Buendía Sierra and R. González-
Gallarza Granizo)

Other party to the proceedings before the Board of Appeal of OHIM:
Azienda Agricola San Polo Exe S.r.l

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of the First Board of Appeal of OHIM of

5 April 2006 in Case R-99/2005-1;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant
Polo Exe S.r.l

for a Community trade mark: Azienda Agricola San

Form of order sought

— order the cancellation of the classification by the European
Commission (Eurostat) of Madrid Calle 30 in the ‘public
administration’ sector,
in accordance with the ‘European
System of Accounts’ (ESA 95) set out in Annex A of Regu-
lation (EC) No 2223/96 of the Council of 25 June 1996,
which is based on the accounts published by the Commis-
sion (Eurostat) on 24 April 2006 on the data for the year
2005 on government deficit and debt for the application of
the Protocol on the excessive deficit procedure;

Community trade mark concerned: Figurative mark 'MEZZOPANE'
for goods in Class 33 — Application No 2 242 147.

— order the Commission of the European Communities to

pay the costs.

Proprietor of the mark or sign cited in the opposition proceed-
ings: The applicant

Mark or sign cited in opposition: Word mark 'MEZZO' and
'MEZZOMIX' for goods in Class 32.

Decision of the Opposition Division: Application for registration
of the mark refused.

Decision of the Board of Appeal: Opposition Division's decision
annulled.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 since the goods designated by the opposing marks
are similar, the opposing marks are visually and phonetically
similar and the marks at issue are capable of giving rise to a
likelihood of confusion in the course of trade.

Pleas in law and main arguments

This application seeks annulment of the classification by the
European Commission (Eurostat) of Madrid Calle 30 S.A. in the
‘public administration’ sector, in accordance with the ‘EURO-
PEAN SYSTEM OF ACCOUNTS — ESA 95’ (ESA 95) set out in
Annex A of Regulation (EC) No 2223/96 of 25 June 1996 on
the European system of national and regional accounts in the
Community (1). According to the applicants, that classification
is based on the accounts published by the Commission
(Eurostat) on 24 April 2006 on the data for the year 2005 on
government deficit and debt for the application of the Protocol
on the excessive deficit procedure annexed to the EC Treaty.

The applicants submit that Madrid Calle 30 is a corporation
whose shares are held by the Ayuntamiento de Madrid and a
private consortium, formed of three construction and service
companies selected after a call
for tenders subject to strict
criteria in respect of market prices.