Case C-235/05 P: Order of the Court (Fourth Chamber) of 27 April 2006 — L'Oréal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Revlon (Switzerland) SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Similarity between two trade marks — Likelihood of confusion — Application for Community trade mark FLEXI AIR — Earlier word mark FLEX — Refusal to register)
Date: 2006-10-14
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, cosmetic product, trade-mark law

14.10.2006

EN

Official Journal of the European Union

C 249/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Order of the Court (Fourth Chamber) of 27 April 2006 —
L'Oréal SA v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM), Revlon (Swit-
zerland) SA

(Case C-235/05 P) (1)

(Appeal — Community trade mark — Regulation (EC) No
40/94 — Article 8(1)(b) — Similarity between two trade
marks — Likelihood of confusion — Application for Com-
munity trade mark FLEXI AIR — Earlier word mark FLEX
— Refusal to register)

(2006/C 249/01)

Language of the case: English

Parties

Applicant: L'Oréal SA (represented by: X. Buffet Delmas d'Au-
tane, avocat)

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

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) of 16 March 2005 in Case T-112/03 L'Oréal
SA v OHIM, dismissing as unfounded an application brought
by the applicant for the Community word mark FLEXI AIR for
goods in Class 3 for the annulment of decision R 0396/2001-4
of the Fourth Board of Appeal of the Office for Harmonisation
in the Internal Market of 15 January 2003, dismissing the
appeal against the decision of the Opposition Division refusing
registration of that mark in opposition proceedings brought by
the proprietor of the national word marks FLEX for goods in
Classes 3 and 34

Order of the Court (Fifth Chamber) of 7 February 2006 —
Giorgio Lebedef v Commission of the European Communi-
tites

(Case C-268/05 P) (1)

(Appeal — Officials — Rules on the levels, body, and proce-
dures of consultation agreed between the majority of trade
unions and staff associations and the Commission — Exclu-
sion of the union ‘Action et Défense’ — Manifest inadmissi-
bility)

(2006/C 249/02)

Language of the case: French

Parties

Applicant: Giorgio Lebedef (represented by: G. Bounéou and F.
Frabetti, lawyers)

Other party to the proceedings: Commission of the European
Communities (represented by: J. Currall and V. Joris, acting as
Agents)

Re:

Appeal against the judgment delivered on 12 April 2005 by
the Court of First Instance (First Chamber) in Case T-191/02
Lebedef v Commission, dismissing the action for annulment of
the Commission's decision to repudiate the Agreement of 20
September 1974 on Relations between the Commission and
the Trade Unions and Staff Associations, and to adopt again
the Operational Rules on the consultation levels, the consulta-
tion body and related procedures agreed between the Commis-
sion and the majority of trade unions and staff associations on
19 January 2000, which had been annulled by the Court of
First Instance in its judgment of 15 November 2001, in so far
as they excluded the union ‘Action et Défense’ from the consul-
tation body.

Operative part of the order

1. The appeal is dismissed;

Operative part of the order

1. The appeal is dismissed.

2. L'Oréal SA is ordered to pay the costs.

2. Mr Lebedef is ordered to pay the costs.

(1) OJ C 205, 20.8.2005.

(1) OJ C 243, 01.10.2006.