Case T-435/04: Judgment of the Court of First Instance of 14 February 2007 — Simões Dos Santos v OHIM (Staff case — OHIM officials and temporary staff — Reports and promotion — Merit points reset at zero and their total recalculated — Transitional arrangements — Action for annulment — Plea of illegality — Non-retroactivity — Principles of legality and legal certainty — Legal basis — Legitimate expectations — Equal treatment)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, European official, action by staff, personnel administration, promotion, staff assessment

C 82/34

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 13 February
2007 — Ontex v OHIM — Curon Medical (CURON)

(Case T-353/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CURON — Opposition
by the proprietor of the Community word mark EURON —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2007/C 82/74)

Language of the case: English

Parties

Judgment of the Court of First Instance of 13 February
2007 — Petralia v Commission

(Case T-354/04) (1)

(Officials — Temporary agents — Scientific service — Classi-
fication in grade)

(2007/C 82/75)

Language of the case: Italian

Parties

Applicant: Gaetano Petralia (Brussels, Belgium) (represented by:
C. Forte, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and C. Loggi, Agents)

Re:

Annulment of the Commission's decision of 7 October 2003
definitively classifying the applicant in grade B5, step 3, and the
decision of 13 May 2004 dismissing the applicant's claim.

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant: Ontex NV (Buggenhout, Belgium)
M. Du Tré, lawyer)

(represented by:

2. Orders the parties to bear their own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Curon Medical Inc.
(Sunnyvale, California, United States) (represented by: C. Algar
and J. Cohen, solicitors, and T. Ludbrook, barrister)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 5 July 2004 (Case R 22/2004-2), relating to
opposition proceedings between Ontex NV and Curon Medical,
Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 14 February
2007 — Simões Dos Santos v OHIM

(Case T-435/04) (1)

(Staff case — OHIM officials and temporary staff — Reports
and promotion — Merit points reset at zero and their total
recalculated — Transitional arrangements — Action for
annulment — Plea of illegality — Non-retroactivity — Princi-
ples of legality and legal certainty — Legal basis — Legiti-
mate expectations — Equal treatment)

(2007/C 82/76)

Language of the case: French

(1) OJ C 273, 6.11.2004.

Parties

Applicant: Manuel Simões Dos Santos (Madrid, Spain)
sented by: A. Creus Carreras, lawyer)

(repre-

14.4.2007

EN

Official Journal of the European Union

C 82/35

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: I. de Medrano Cabal-
lero, agent, and D. Waelbroeck, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by S. Laitinen and G.
Schneider, Agents)

Re:

Application for annulment, first, of OHIM's decision of 7 July
2004 rejecting the applicant's complaint of 11 March 2004
and, secondly, of OHIM's decision of 15 December 2003 estab-
lishing the cumulative total of the applicant's merit points under
the 2003 promotion procedure and of
the Joint Evaluation
Board's opinion of 12 December 2003.

Operative part of the judgment

The Court:

1. annuls OHIM's decision of 15 December 2003 definitively allo-
cating merit points under the 2003 promotion procedure to the
applicant and OHIM's decision of 7 July 2004 rejecting the appli-
cant's complaint of 11 March 2004 in so far as they entail a
finding that the balance of the applicant's merit points has disap-
peared, as acknowledged by decision PERS-PROM-39-03rev1 on
promotion, of 30 March 2004;

2. dismisses the action as to the remainder;

3. orders OHIM to pay the costs.

(1) OJ C 6, 8.1.2005.

Judgment of the Court of First Instance of 6 February 2007
— Aktieselskabet af 21. november 2001 v OHIM — TDK
Kabushiki Kaisha (TDK)

(Case T-477/04) (1)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: TDK Kabushiki Kaisha
(TDK Corp.) (Tokyo, Japan) (represented by A. Norris, Barrister)

Re:

ACTION brought against the decision of
the First Board of
Appeal of OHIM of 7 October 2004 (Case R 364/2003-1)
concerning opposition proceedings between TDK Kabushiki
Kaisha (TDK Corp.) and Aktieselskabet af 21 november 2001.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Aktieselskabet af 21. november 2001 to pay

the costs.

(1) OJ C 69, 19.3.2005.

Judgment of the Court of First Instance of 15 February
2007 — Bodegas Franco-Españolas v OHIM — Companhia
Geral da Agricultura das Vinhas do Alto Douro (ROYAL)

(Case T-501/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark ROYAL — Earlier Com-
munity word mark ROYAL FEITORIA — Relative ground for
refusal — No likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark TDK — Earlier Community
figurative mark TDK — Earlier national word or figurative
marks TDK — Relative ground for refusal — Reputation —
Taking unfair advantage of the distinctive character or the
reputation of the earlier mark — Article 8(5) of Regulation
(EC) No 40/94)

Parties

(2007/C 82/78)

Language of the case: Spanish

(2007/C 82/77)

Language of the case: English

Parties

Applicant: Aktieselskabet af 21. november 2001 (Brande,
Denmark) (represented by C. Barret Christiansen, lawyer)

Applicant: Bodegas Franco-Españolas, SA (Logroño, Spain)
(represented by: E. López Camba, lawyer)

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:
Companhia Geral da Agricultura das Vinhas do Alto Douro, SA
(Real Companhia Velha) (Vila Nova de Gaia, Portugal) (repre-
sented by: D. Martins Pereira, lawyer)