Case T-172/04: Judgment of the Court of First Instance of 27 September 2006 — Telefónica v OHIM — Branch (emergia) (Community trade mark — Opposition proceedings — Application for the figurative Community trade mark emergia — Earlier word Community trade mark EMERGEA — Likelihood of confusion — Refusal to register — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-12-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), service, telecommunications, telematics

C 294/44

EN

Official Journal of the European Union

2.12.2006

Judgment of the Court of First Instance (First Chamber) of
27 September 2006 — Ferriere Nord v Commission

Judgment of the Court of First Instance of 27 September
2006 — Telefónica v OHIM — Branch (emergia)

(Case T-153/04) (1)

(Case T-172/04) (1)

(Competition — Fine — Breach of Article 81 EC — Powers
of the Commission in respect of the enforcement of sanctions
— Limitation period — Articles 4 and 6 of Regulation (EEC)
No 2988/74 — Admissibility)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative Community trade mark emergia —
Earlier word Community trade mark EMERGEA — Likeli-
hood of confusion — Refusal to register — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2006/C 294/92)

Language of the case: Italian

(2006/C 294/93)

Language of the case: Spanish

Parties

Parties

Applicant: Ferriere Nord SpA (Osoppo, Italy) (represented by:
W. Viscardini and G. Donà, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Nijenhuis and A. Whelan, acting as Agents, and
by A. Colabianchi, lawyer)

Re:

Annulment of the Commission decisions notified by letter of 5
February 2004 and by facsimile of 13 April 2004 concerning
the outstanding balance of the fine imposed on the applicant
by Commission Decision 89/515/EEC of 2 August 1989
relating to a proceeding under Article 85 of the EEC Treaty (IV/
31.553 — Welded steel mesh) (OJ 1989 L 260, p. 1)

Operative part of the judgment

The Court:

Applicant: Telefónica, SA (Madrid, Spain) (represented by: A.
Sirimarco, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Laporta Insa,
Agent)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM,
Instance: David Branch
intervener before
(Reading, United Kingdom) (represented by: initially, C. Beren-
guer Marsal, and subsequently, I.M. Barroso Sánchez-Lafuente
and M.C. Trullols Durán, lawyers)

the Court of First

Re:

Action for annulment of the decision of the First Board of
Appeal of OHIM of 12 March 2004 (Case R 676/2002-1)
relating to opposition proceedings between David Branch and
Telefónica, SA.

1. Annuls the Commission decisions notified by letter of 5 February
2004 and by facsimile of 13 April 2004 concerning the
outstanding balance of
the fine imposed on the applicant by
Commission Decision 89/515/EEC of 2 August 1989 relating to
a proceeding under Article 85 of the EEC Treaty (IV/31.553 —
Welded steel mesh);

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission, in addition to bearing its own costs, to

pay those of the applicant.

2. Orders the applicant to pay the costs.

(1) OJ C 168, 26.6.2004.

(1) OJ C 179, 10.07.2004.