Case T-43/05: Judgment of the Court of First Instance of 30 November 2006 — Camper v OHIM — JC (BROTHERS by CAMPER) (Community trade mark — Opposition proceedings — Application for Community figurative trade mark BROTHERS by CAMPER — Earlier national figurative trade marks BROTHERS — Inadmissibility — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), leather industry, trade-mark law

30.12.2006

EN

Official Journal of the European Union

C 331/39

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and H. Tserepa-Lacombe, Agents)

Operative part of the judgment

The Court:

Intervener in support of the defendant: Council of the European
Union (represented by: M. Arpio Santacruz and I. Sulce, Agents)

In Case T-61/05,

Applicants: Cornelius Rozemeijer (Alkmaar, Netherlands), Gaston
Vaesken (Saint-Mandrier, France) and Pierrette Vaesken (Sanary-
sur-Mer, France)
(represented initially by G. Vandersanden, L.
Levi and A. Finchelstein, and subsequently by G. Vandersanden,
L. Levi and C. Ronzi, lawyers)

Defendant: Council of the European Union (represented by: M.
Arpio Santacruz and I. Sulce, Agents)

In Case T-107/05,

Applicant: François Muller (Strasbourg, France) (represented initi-
ally by G. Vandersanden, L. Levi and A. Finchelstein, and subse-
quently by G. Vandersanden and L. Levi, lawyers)

Defendant: Court of Auditors of
the European Communities
(represented by: T. Kennedy, J.-M. Stenier and M. Bavendamm,
Agents)

In Case T-108/05,

Applicant: Suzy Frederic-Leemans (Lahas, France)
(represented
initially by G. Vandersanden, L. Levi and A. Finchelstein, and
subsequently by G. Vandersanden and L. Levi, lawyers)

Defendant: European Economic and Social Committee (EESC)
(represented by: M. Bermejo Garde and E. Fierro, Agents)

Intervener in support of the defendant: Council of the European
Union (represented by: M. Arpio Santacruz and I. Sulce, Agents)

In Case T-139/05,

Applicants: Charlotte Becker (Menton, France), Seamus Killeen
(Dublin, Ireland), Robert Payne (Dublin, Ireland), Paul Van Raij
(Overeen, Netherlands), Wilhelmus Van Miltenburg (Huizen,
(repre-
Netherlands) and Deirdre Gallagher (Dublin,
sented initially by G. Vandersanden, L. Levi and A. Finchelstein,
and subsequently by G. Vandersanden and L. Levi, lawyers)

Ireland)

1. Dismisses the actions as inadmissible.

2. Orders each of the parties to bear its own costs.

(1) OJ C 143, 11.6.2005.

Judgment of the Court of First Instance of 30 November
2006 — Camper v OHIM — JC (BROTHERS by CAMPER)

(Case T-43/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative trade mark BROTHERS by
CAMPER — Earlier national
trade marks
BROTHERS — Inadmissibility — Relative ground for refusal
— Article 8(1)(b) of Regulation (EC) No 40/94)

figurative

(2006/C 331/86)

Language of the case: English

Parties

Applicant: Camper, SL, (Inca, Spain) (represented by: I. Temiño
Ceniceros, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: J. Novais Gonçalves,
agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: JC AB, (Mölnlycke,
Sweden), (represented by P. Hedberg, lawyer)

Re:

Action brought against the decision of the First Chamber of the
Board of Appeal of OHIM of 29 November 2004 (Case R
170/2004-1), relating to opposition proceedings between JC AB
and Camper SL.

Defendant: European Parliament (represented by: M. Mustapha-
Pascha, L. Knudsen and K. Zejdova, Agents)

Operative part of the judgment

Intervener in support of the defendant: Council of the European
Union (represented by: M. Arpio Santacruz and I. Sulce, Agents)

The Court:

1. Dismisses the action;

Re:

In essence, annulment of the applicants' pension statements —
and, in one case only, of the payslip of an applicant assigned to
non-active status — of May 2004, in so far as those pension
statements and payslips apply for the first time a weighting
calculated illegally by reference to the cost of living in the appli-
cants' respective countries of residence, and no longer in rela-
tion to the cost of living in the capital of each of those coun-
tries.

2. Orders the applicant to bear its own costs and to pay those incurred
by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs);

3. Orders the intervener to bear its own costs.

(1) OJ C 106, 30.4.2005.