Joined Cases C-403/04 P and C-405/04 P: Judgment of the Court (First Chamber) of 25 January 2007 — Sumitomo Metal Industries Ltd and Nippon Steel Corp. v Commission of the European Communities (Appeals — Competition — Agreements, decisions and concerted practices — Market in seamless steel tubes — Protection of domestic markets — Burden of proof and production of evidence — Duration of the proceedings before the Court of First Instance)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), appeal, fine, proof, restriction on competition, restrictive trade practice, steel, tube

C 56/2

EN

Official Journal of the European Union

10.3.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Third Chamber) of 25 January
2007 (reference for a preliminary ruling from the High
Court of Justice of England and Wales, Chancery Division,
United Kingdom) — Dyson Ltd v Registrar of Trade Marks

proceedings, which relates to all the conceivable shapes of a transparent
bin or collection chamber forming part of the external surface of a
vacuum cleaner, is not a ‘sign’ within the meaning of that provision
and therefore is not capable of constituting a trade mark within the
meaning thereof.

(Case C-321/03) (1)

(Trade marks — Approximation of laws — Directive 89/104/
EEC — Article 2 — Concept of a sign of which a trade mark
may consist — Transparent bin or collection chamber forming
part of the external surface of a vacuum cleaner)

(1) OJ C 239, 4.10.2003.

(2007/C 56/02)

Language of the case: English

Referring court

Judgment of the Court (First Chamber) of 25 January 2007
— Sumitomo Metal Industries Ltd and Nippon Steel Corp.
v Commission of the European Communities

High Court of Justice of England and Wales, Chancery Division

(Joined Cases C-403/04 P and C-405/04 P) (1)

Parties to the main proceedings

Applicant: Dyson Ltd

Defendant: Registrar of Trade Marks

Re:

Reference for a preliminary ruling — High Court of Justice of
England and Wales, Chancery Division — Interpretation of
Article 3(3) of
First Council Directive 89/104/EEC of
21 December 1988 to approximate the laws of the Member
States relating to trade marks (OJ 1989 L 40, p. 1) — Mark
consisting of a functional characteristic (transparent plastic
container) forming part of the external surface of a vacuum
cleaner

Operative part of the judgment

(Appeals — Competition — Agreements, decisions and
concerted practices — Market in seamless steel tubes —
Protection of domestic markets — Burden of proof and
production of evidence — Duration of the proceedings before
the Court of First Instance)

(2007/C 56/03)

Language of the case: English

Parties

Appellants: Sumitomo Metal
Industries Ltd (represented by:
C. Vajda QC and G. Sproul and S. Szlezinger, Solicitors) and
Nippon Steel Corp (represented by: J.-F. Bellis and K. Van Hove,
avocats)

Article 2 of First Council Directive 89/104/EEC of 21 December
1988 to approximate the laws of the Member States relating to trade
marks is to be interpreted as meaning that the subject-matter of an
application for trade mark registration, such as that lodged in the main

Other parties to the proceedings: JFE Engineering Corp, formerly
NKK Corp.,
formerly Kawasaki Steel Corp.,
the European Communities (represented by:
Commission of
N. Khan and A. Whelan, Agents), EFTA Surveillance Authority

JFE Steel Corp.,

10.3.2007

EN

Official Journal of the European Union

C 56/3

Re:

Operative part of the judgment

Commission

Appeals against the judgment of the Court of First Instance
(Second Chamber) of 8 July 2004 in Joined Cases T-67/00,
T-68/00, T-71/00 and T-78/00 JFE Engineering Corp. and Others
annulling Commission Decision
v
2003/382/EC of 8 December 1999 relating to a proceeding
under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seam-
less steel
(notified under document number C(1999)
4154) and reducing the amount of the fine imposed on the
applicants.

partially

tubes)

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Sumitomo Metal Industries Ltd to pay the costs in Case
C-403/04 P and Nippon Steel Corp. to pay the costs in Case
C-405/04 P.

(1) OJ C 284, 20.11.2004.

The Court:

1. Dismisses the appeal;

2. Orders Dalmine SpA to pay the costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court (First Chamber) of 25 January 2007
— Salzgitter Mannesmann GmbH, formerly Mannesmann-
the European
röhren-Werke GmbH v Commission of

Communities

(Case C-411/04 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Market in seamless steel tubes — Fair
legal process — Anonymous evidence — Fine — Cooperation
— Equal treatment)

(2007/C 56/05)

Language of the case: German

Judgment of the Court (First Chamber) of 25 January 2007
— Dalmine SpA v Commission of the European Commu-
nities

Parties

(Case C-407/04 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Seamless steel tubes market — Protec-
tion of domestic markets — Supply contract — Rights of the
defence — Self-incrimination — Anonymous evidence — Fine
— Statement of reasons — Equal treatment — Guidelines on
the method of setting fines — Size of the relevant market and
of the undertaking concerned — Attenuating circumstances)

(2007/C 56/04)

Language of the case: Italian

Parties

Appellant: Dalmine SpA (represented by: A. Sinagra, M. Siragusa,
F. Moretti and A. L. Valvo, lawyers)

Appellant: Salzgitter Mannesmann GmbH,
formerly Mannes-
mannröhren-Werke GmbH (represented by: M. Klusmann and
F. Wiemer, Rechtsanwälte)

Other party to the proceedings: Commission of
the European
Communities (represented by: A. Whelan and H.Gading, Agents,
H-J. Freund, Rechtsanwalt)

Re:

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 8 July 2004 in Case T-44/00 Mannes-
mannröhren-Werke AG v Commission, inasmuch as it dismissed
an action for annulment of Commission Decision 2003/382/EC
of 8 December1999 relating to a proceeding under Article 81
EC (Case IV-1/35.860.B. — Seamless steel tubes) (OJ 1999 L
140, p. 11) — Right to a fair hearing — Misapplication of
Article 81 EC — Principle of equal treatment

Other party to the proceedings: Commission of
the European
Communities (represented by: A. Whelan and F. Amato, Agents)

Operative part of the judgment

Re:

partially

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 8 July 2004 in Case T-50/00 Dalmine v
Commission,
Decision
annulling
2003/382/EC of 8 December 1999 relating to a proceeding
under Article 81 of the EC Treaty (Case IV/E-1/35.860-B seam-
less steel tubes)
(notified under document number C (1999)
4154), and setting the amount of the fine imposed on the appli-
cants

Commission

The Court:

1. Dismisses the appeal;

2. Orders Salzgitter Mannesmann GmbH to pay the costs

(1) OJ C 273, 6.11.2004.