Case T-278/04: Judgment of the Court of First Instance of 16 November 2006 — Jabones Pardo v OHIM — Quimi Romar (YUKI) (Community trade mark — Opposition proceedings — Earlier national word mark YUPI — Application for the Community word mark YUKI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Findings of OHIM — Admissibility)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, pharmaceutical product, toiletries, trade-mark law

30.12.2006

EN

Official Journal of the European Union

C 326/55

Judgment of the Court of First Instance of 16 November
2006 — Lichtwer Pharma AG v OHIM — Laboratoire
Lafon (Lyco-A)

(Case T-32/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark Lyco-A — Admissibility of
the appeal before the Board of Appeal — Cost of proceedings
— Apportionment)

(2006/C 326/117)

Language of the case: German

Parties

Applicant: Lichtwer Pharma AG (Berlin, Germany) (represented
by: H. Kunz-Hallstein and R. Kunz-Hallstein, lawyers)

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

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM:
Laboratoire L. Lafon SA (Maisons-Alfort, France)

Re:

Judgment of the Court of First Instance of 16 November
2006 — Peróxidos Orgánicos v Commission

(Case T-120/04) (1)

(Competition — Agreements, decisions and concerted practices
— Organic peroxides — Fines — Article 81 EC — Regu-
lation (EEC) No 2988/74 — Limitation period — Duration of
the infringement — Apportionment of the burden of proof —
Equal treatment)

(2006/C 326/118)

Language of the case: English

Parties

Applicant: Peróxidos Orgánicos, SA (San Cugat del Vallés, Spain)
(represented by: A. Creus Carreras and B. Uriarte Valiente,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and F. Castillo de la Torre, Agents)

Re:

for

annulment

Application
Commission Decision
2005/349/EC of 10 December 2003 relating to a proceeding
under Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/E-2/37.857 — Organic Peroxides) (OJ
2005 L 110, p. 44).

of

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 13 November 2003 (Case R 1007/2002-4)
insofar as that decision rules on the apportionment of the costs
incurred in the opposition and appeal proceedings

(1) OJ C 118, 30.4.2004.

Operative part of the judgment

The Court:

1. Annuls paragraph 2 of the operative part of the decision of 13
November 2003 of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) (Case R 1007/2002-4);

2. Orders OHIM to pay the costs.

(1) OJ C 106, 30.4.2004.

Judgment of the Court of First Instance of 16 November
2006 — Jabones Pardo v OHIM — Quimi Romar (YUKI)

(Case T-278/04) (1)

(Community trade mark — Opposition proceedings — Earlier
national word mark YUPI — Application for the Community
word mark YUKI — Relative ground for refusal — Likelihood
of confusion — Article 8(1)(b) of Regulation (EC) No 40/94
— Findings of OHIM — Admissibility)

(2006/C 326/119)

Language of the case: Spanish

Parties

Applicant:
initially J. Astiz Suárez, then A. Tarí Lázaro, lawyers)

Jabones Pardo, SA (Madrid, Spain) (represented by:

C 326/56

EN

Official Journal of the European Union

30.12.2006

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

(represented by:

Other party/parties to the proceedings before the Board of Appeal of
OHIM intervening before the Court of First Instance: Quimi Romar,
SL (Moncada, Spain) (Moncada, Spain) (represented by: A. Sanz-
Bermell y Martínez and J. Carlos Heder, lawyers)

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

Re:

(1) OJ C 284, 20.11.2004.

Action brought against the decision of the First Board of Appeal
of OHIM of 23 April 2004 (Joined Cases R 547/2003-1 and R
604/2003-1),
relating to opposition proceedings between
Jabones Pardo, SA and Quimi Romar, SL.

Operative part of the judgment

Internal Market

1. The decision of the First Board of Appeal of the Office for Harmo-
nisation in the
(Trade Marks and Designs)
(OHIM) of 23 April 2004 (Joined Cases R 547/2003-1 and R
604/2003-1) is annulled in so far as it allowed the intervener's
appeal concerning ‘soaps; perfumery, essential oils, cosmetics, hair
lotions; dentifrices’, falling within Class 3, and ‘sanitary prepara-
tions’, falling within Class 5, referred to in the Community trade
mark application.

2. OHIM is to bear its own costs and pay half of the costs incurred

by Jabones Pardo, SA.

3. Quimi Romar, SL is to bear its own costs.

Judgment of the Court of First Instance of 14 November
2006 — Neirinck v Commission

(Case T-494/04) (1)

(Officials — Contract agent — Lawyer's post at the Office
for infrastructure and logistics in Brussels (OIB) — Rejection
of application — Action for annulment — Action for
damages)

(2006/C 326/121)

Language of the case: French

(1) OJ C 251, 9.10.2004.

Parties

Applicant: Wineke Neirinck (Brussels, Belgium)
(represented,
initially, by G. Vandersanden, L. Levi and A. Finchelstein, and
subsequently by G. Vandersanden and L. Levi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, D. Martin and L. Lozano Palacios, Agents,
and F. Herbert and L. Eskenazi, lawyers)

Judgment of the Court of First Instance of 8 November
2006 — Chetcuti v Commission

(Case T-357/04) (1)

Re:

(Officials — Internal competition — Non-admission to tests
as a member of the auxiliary staff)

(2006/C 326/120)

Language of the case: French

First, an application for annulment of the Commission's deci-
sions concerning the rejection of the applicant's candidature for
a lawyer's post in the buildings policy sector in the Office for
infrastructure and logistics in Brussels (OIB) and the appoint-
ment of another candidate to that post and, second, a claim for
damages.

Parties

Applicant: Marguerite Chetcuti (Zejtun, Malta) (represented by:
M.-A. Lucas, lawyer)

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

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders

the Commission to pay all

the costs,

including those

incurred by the applicant.

Re:

Application for annulment of the Selection Board's decision of
22 June 2004 rejecting the applicant's candidature and of subse-
quent acts in the competition procedure

(1) OJ C 57, 5.3.2005.