Case T-310/04: Judgment of the Court of First Instance of 15 December 2006 — Ferrero Deutschland v OHIM — Cornu (FERRO) (Community trade mark — Opposition proceedings — Application for the Community word mark FERRO — Earlier national word mark FERRERO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Similarity of goods)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), confectionery product, trade-mark law

30.12.2006

EN

Official Journal of the European Union

C 331/35

Re:

Operative part of the judgment

Partial annulment of Commission Decision 2004/457/EC of
29 April 2004 excluding from Community financing certain
expenditure incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2004 L 202, p. 35) in as far as it concerns
certain expenditure made by the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action.

The Court:

1. Dismisses the action;

2. Orders the applicant to pay its own costs, the whole of the costs
relating to the procedural
issue concerning its substitution for
Ferrero OHG mbH, and half of the costs incurred by the inter-
vener;

3. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) to pay its own costs and half of those incurred
by the intervener.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 262, 23.10.2004.

(1) OJ C 251, 9.10.2004.

Judgment of the Court of First Instance of 15 December
2006 — Ferrero Deutschland v OHIM — Cornu (FERRO)

(Joined Cases T-314/04 and T-414/04) (1)

Judgment of the Court of First Instance of 14 December
2006 — Germany v Commission

(Case T-310/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark FERRO — Earlier
national word mark FERRERO — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94 — Similarity of goods)

(2006/C 331/77)

Language of the case: French

Parties

Applicant: Ferrero Deutschland GmbH (Stadtallendorf, Germany),
allowed to replace Ferrero OHG mbH (represented by: M.
Schaeffer, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Cornu SA Fontain
(Fontain, France) (represented by: D. Waelbroeck, lawyer)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 17 March 2004 (Case R 540/2002-4),
relating to opposition proceedings between Ferrero OHG and
Cornu SA Fontain.

(European Regional Development Fund — Reduction of finan-
cial assistance — Action for annulment — Act against which
proceedings can be brought — Preparatory act — Inadmissi-
bility)

(2006/C 331/78)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: C.-D.
Quassowski, Agent, and C. von Donat, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Wilms and L. Flynn, Agents)

Re:

Actions for annulment of the decisions contained in two letters
of the Directorate-General for Regional Policy of the Commis-
sion of 17 May and 9 August 2004 sent to the applicant
the assistance from the European
concerning reduction of
Regional Development Fund granted for
the Objective 2
Programme 1997-1999 North Rhine-Westphalia and the Opera-
tional Programme Resider II North Rhine-Westphalia 1994-
1999, and the refusal in consequence to pay the applicant the
balances of EUR 5 488 569,24 and EUR 2 268 988,33 respec-
tively.