Case C-104/05 P: Order of the Court (Sixth Chamber) of 28 September 2006 — El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Appeal — Community trade mark — Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion — Figurative mark EMILIO PUCCI — Opposition by the proprietor of the national figurative marks EMIDIO TUCCI — Similarity between the goods)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), appeal, clothing industry, leather, trade-mark law

C 326/22

EN

Official Journal of the European Union

30.12.2006

Order of the Court (Fifth Chamber) of 14 September 2006
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Pordenone — Italy) — Banca
Popolare FriulAdria SpA v Agenzia delle Entrate, Ufficio
Pordenone

(Case C-336/04) (1)

(State aid — Decision 2002/581/EC — Tax advantages
granted to banks — First subparagraph of Article 104(3) of
the Rules of Procedure — Question referred for a preliminary
ruling identical to a question on which the Court has already
ruled)

Order of the Court (Sixth Chamber) of 28 September 2006
— El Corte Inglés, SA v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case C-104/05 P) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Figurative mark ‘EMILIO PUCCI’ — Opposition by the
proprietor of the national figurative marks ‘EMIDIO TUCCI’
— Similarity between the goods)

(2006/C 326/43)

Language of the case: Italian

(2006/C 326/44)

Language of the case: Italian

Referring court

Commissione tributaria provinciale di Pordenone

Parties

Parties to the main proceedings

Applicant: Banca Popolare FriulAdria SpA

Defendant: Agenzia delle Entrate, Ufficio Pordenone

Re:

Reference for a preliminary ruling — Commissione tributaria
provinciale di Pordenone — Validity of Commission Decision
2002/581/EC of 11 December 2001 on the tax measures for
banks and banking foundations implemented by Italy (notified
under document number C(2001) 3955)
(OJ 2002 L 184,
p. 27)

Operative part of the order

1. Consideration of the questions referred has disclosed no factor of
such a kind as to affect
the validity of Commission Decision
2002/581/EC of 11 December 2001 on the tax measures for
banks and banking foundations implemented by Italy.

2. Article 87 EC et seq., Article 14 of Council Regulation (EC) No
659/1999 of 22 March 1999 laying down detailed rules for the
application of Article 93 of the EC Treaty and the principles of the
protection of legitimate expectations, legal certainty and proportion-
ality cannot preclude a national measure ordering the recovery of
aid pursuant to a Commission decision which has classified that
aid as incompatible with the common market and consideration of
which in the light of those same provisions and general principles
has disclosed no factor of such a kind as to affect its validity.

Applicant: El Corte Inglés, SA (represented by: J.L. Rivas Zurdo,
abogado)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) represented by: O.
Montalto and P. Bullock, Agents), Emilio Pucci Srl (represented
by: P.L. Roncaglia, G. Lazzaretti, M. Boletto and E. Gavuzzi,
avvocati)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Second Chamber) of 13 December 2004 in Case T-8/
03 El Corte Inglés v OHIM — Pucci, dismissing an action for the
annulment of the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of 3
October 2002, dismissing the appeal brought by the applicant
the Opposition Division partially
against
rejecting the opposition brought against
the application for
registration of the figurative Community trade mark ‘EMILIO
PUCCI’ for goods in Classes 3, 18, 24 and 25

the decision of

Operative part of the order

1. The appeal is dismissed.

2. El Corte Inglés, SA shall pay 80 % of the costs.

3. OHIM shall pay 20 % of the costs.

(1) OJ C 251, 9.10.2004.

(1) OJ C 115, 14.5.2005.