Case T-303/02: Judgment of the Court of First Instance (Fifth Chamber) of 5 December 2006 — Westfalen Gassen Nederland v Commission (Competition — Cartels — Dutch market for industrial and medical gases — Price fixing — Proof of participation in the cartel — Proof of distancing — Principles of non-discrimination and proportionality — Calculation of fines)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), discriminatory price, fine, gas, gas industry, import, restrictive trade practice

C 331/30

EN

Official Journal of the European Union

30.12.2006

3. In Case T-259/02, dismisses the Commission's counterclaim;

4. In Cases T-260/02 to T-262/02, T-264/02 and T-271/02,

orders the applicants to pay the costs;

5. In Case T-259/02, orders the applicant to bear its own costs and
90 % of the Commission's costs. The Commission is to bear 10 %
of its own costs;

6. In Case T-263/02, orders the parties to bear their own costs.

(1) OJ C 274, 9.11.2002.

Judgment of the Court of First Instance of 14 December
2006 — Mast-Jägermeister v OHIM — Licorera Zacapaneca
(VENADO with frame)

(Joined Cases T-81/03, T-82/03 and T-103/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cations for Community figurative marks VENADO with
frame, VENADO and VENADO ESPECIAL — Earlier Com-
munity figurative marks representing a deer's head facing
forward in a circle — Relative ground for refusal — Likeli-
hood of confusion — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 331/67)

Language of the case: Spanish

Judgment of the Court of First Instance (Fifth Chamber) of
5 December 2006 — Westfalen Gassen Nederland v
Commission

Parties

(Case T-303/02) (1)

Applicant: Mast-Jägermeister AG (Wolfenbüttel, Germany) (repre-
sented by: C. Drzymalla, lawyer)

(Competition — Cartels — Dutch market for industrial and
medical gases — Price fixing — Proof of participation in the
cartel — Proof of distancing — Principles of non-discrimina-
tion and proportionality — Calculation of fines)

(2006/C 331/66)

Language of the case: Dutch

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Licorera Zacapaneca
SA (Santa Cruz, Guatemala) (represented by: L. Corno Caparrós
and B. Uriarte Valiente, lawyers)

Parties

Applicant: Westfalen Gassen Nederland BV (Deventer, Nether-
lands) (represented by: M. Essers and M. Custers, lawyers)

Re:

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet, Agent)

Re:

Three actions brought against the decisions of the First Board of
Appeal of OHIM of 19 December 2002 (Case R 412/2002-1
and Case R 382/2002-1) and 14 January 2003 (Case R 407/
2002-1), relating to opposition proceedings between Licorera
Zacapaneca SA and Mast-Jägermeister AG.

Application for partial annulment of Commission Decision
2003/207/EC of 24 July 2002 relating to a proceeding pursuant
to Article 81 of the EC Treaty (case COMP/E 3/36.700 — Indus-
trial and medical gases) (OJ 2003 L 84, p. 1) and, alternatively,
reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Westfalen Gassen Nederland BV to bear its own costs and
to pay three quarters of those incurred by the Commission and
orders the Commission to bear one quarter of its own costs.

1. Annuls the decisions of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
of 19 December 2002 (Case R 412/2002-1 and Case R 382/
2002-1) and of 14 January 2003 (Case R 407/2002-1);

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

3. Orders the intervener to bear its own costs.

(1) OJ C 305, 17.12.2002.

(1) OJ C 112, 10.5.2003.