Case C-324/05 P: Order of the Court (Fourth Chamber) of 1 June 2006 — Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Application for mixed word and figurative mark containing the verbal element Turkish Power — Opposition by the holder of the earlier word mark POWER — Rejection of the opposition — Appeal manifestly inadmissible or manifestly unfounded)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, General Court (EU), appeal, tobacco industry, trade-mark law

16.9.2006

EN

Official Journal of the European Union

C 224/17

Operative part of the order

Operative part of the order

Articles 49 EC to 55 EC preclude national legislation of a Member
State, such as that at issue in the main proceedings, which requires a
natural person established in that Member State who hires a vehicle
registered in another Member State to pay the full amount of registra-
tion tax on commencement of use of the highway in the first Member
State by that vehicle, irrespective of the duration of the use of that
highway, and denying the person in question any right to an exemp-
tion or a refund when it is neither intended that the vehicle essentially
be used in the first Member State on a permanent basis nor is the
vehicle in fact used in that manner.

(1) OJ C 205, 20.8.2005.

Order of the Court (Fourth Chamber) of 1 June 2006 —
Plus Warenhandelsgesellschaft mbH v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)

(Case C-324/05 P) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Application for mixed word and figurative mark containing
the verbal element ‘Turkish Power’ — Opposition by the
holder of the earlier word mark POWER — Rejection of the
opposition — Appeal manifestly inadmissible or manifestly
unfounded)

(2006/C 224/30)

Language of the case: German

Parties

Appellant: Plus Warenhandelsgesellschaft mbH (represented by:
B. Piepenbrink, avocat)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, Agent)

Re:

Appeal brought against the judgment of the Court of First
Instance (Fourth Chamber) of 22 June 2005 in Case T-34/04
Plus Warenhandelsgesellschaft mbH v OHIM by which the Court
of First Instance rejected the application for annulment of the
decision of the Second Board of Appeal of OHIM rejecting the
appeal brought by the appellant, proprietor of the trade mark
the Opposition Division
‘POWER’, against
rejecting the opposition filed against the application for regis-
tration of the figurative mark ‘TURKISH POWER’ — Likelihood
of confusion between trade marks

the decision of

1. The appeal is dismissed.

2. Plus Warenhandelsgesellschaft mbH is ordered to pay the costs.

(1) OJ C 296, 26.11.2005.

Order of the Court (Fifth Chamber) of 13 June 2006
(reference for a preliminary ruling from the Tribunal
départemental des pensions militaires du Morbihan –
France) — Ameur Echouikh v Secrétaire d'État aux
Anciens Combattants

(Case C-336/05) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure
— Euro-Mediterranean Agreement EC-Morocco — Article 65
— Principle of non-discrimination in matters of social
security — Armed services invalidity pension)

(2006/C 224/31)

Language of the case: French

Referring court

Tribunal départemental des pensions militaires du Morbihan

Parties

Applicant: Ameur Echouikh

Defendant: Secrétaire d'État aux anciens combattants

Re:

Reference for a preliminary ruling — Tribunal départemental
des pensions militaires du Morbihan — Interpretation of Arti-
cles 64 and 65 of the Euro-Mediterranean Agreement estab-
lishing an association between the European Communities and
their Member States, of the one part, and the Kingdom of
Morocco, of the other part, signed in Brussels on 26 February
1996 (OJ 2000 L 70, p. 2), of Articles 40 to 42 of the Coop-
eration Agreement between the European Economic Com-
munity and the Kingdom of Morocco, signed in Rabat on 27
April 1976 (OJ 1978 L 264, p. 1) and of the general principle
of non-discrimination based on nationality as enshrined in
Article 12 of the EC Treaty and Article 14 of the ECHR —
Direct effect — Meaning of ‘worker’, ‘remuneration’ and ‘social
security benefit’ — National
legislation refusing an armed
services invalidity pension to a Moroccan national who has
served in the Member State's armed forces