Case T-16/07: Action brought on 17 January 2007 — Torres v OHIM
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, wine

C 82/38

EN

Official Journal of the European Union

14.4.2007

Re:

Application for the suspension of operation of Article 2(1) in
combination with Article 1(2) to (4) of the Commission's deci-
sion concerning State aid (C 11/2004 (ex NN 4/2003) —
Olympic Airways — Restructuring and privatisation) of
14 September 2005.

Order of the Court of First Instance of 24 January 2007 —
MIP Metro v OHIM — MetroRED Telecom (MetroRED)

(Case T-124/06) (1)

(Community trade mark — Opposition proceedings —
No need to adjudicate)

Operative part of the order

1. The application for interim measures is dismissed.

2. Costs are reserved.

Parties

(2007/C 82/85)

Language of the case: English

Applicant: MIP Metro Group Intellectual Property GmbH & Co.
KG (Düsseldorf, Germany) (represented by: R. Kaase, lawyer)

Order of the Court of First Instance of 26 January 2007 —
Theofilopoulos v Commission

(Case T-91/06) (1)

(Action for compensation — Application for return of letters
of guarantee — Court of First Instance not having jurisdiction
— Inadmissibility of action — Action clearly devoid of legal
foundation)

(2007/C 82/84)

Language of the case: Greek

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:
MetroRED Telecom Group Ltd (Hamilton, Bermuda)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 16 February 2006 (Case R 266/2005-2),
relating to opposition proceedings between MIP Metro Group
Intellectual Property GmbH & Co. KG and MetroRED Telecom
Group Ltd.

Operative part of the judgment

Parties

1. There is no need to adjudicate on the action.

Applicant: Nikolaos Theofilopoulos (Athens, Greece) (represented
by P. Miliarakis, lawyer)

2. Each party shall bear its own costs.

Defendant: Commission of the European Communities (repre-
sented by L. Ström van Lier and I. Chatzigiannis, agents)

(1) OJ C 143, 17.6.2006.

Subject-matter

Action for compensation and application seeking the return of
letters of guarantee.

Action brought on 17 January 2007 — Torres v OHIM

Operative part

1) The action is dismissed.

(Case T-16/07)

(2007/C 82/86)

Language in which the application was lodged: Spanish

2) Mr Nikolaos Theofilopoulos is ordered to pay the costs.

(1) OJ C 190 of 12.8.2006.

Parties

Applicant: Torres (Barcelona, Spain) (represented by: E. Armijo
Chávarri, M. Baz de San Ceferino, A. Castán Pérez Gómez,
lawyers)

14.4.2007

EN

Official Journal of the European Union

C 82/39

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Bodegas Navarro López, S.L

Other party to the proceedings before the Board of Appeal of OHIM:
Sociedad Cooperativa del Campo San Ginés

Form of order sought

Form of order sought

— The annulment of the decision of 6 November 2006 of the
2nd Board of Appeal of OHIM issued in case R36/2006-2
with costs awarded against OHIM

Pleas in law and main arguments

Applicant for a Community trade mark: Sociedad Cooperativa del
Campo San Ginés

Community
BENITEZ’ for products in class 33 (application No. 2.438.018)

trade mark concerned: Word mark ‘TORRE DE

Proprietor of the mark or sign cited in the opposition proceedings:
Applicant

Mark or sign cited in opposition: International or national trade
marks under the word mark ‘Torres’ for products in class 33,
numerous other Community,
international and national trade
marks

— The annulment of the decision of the 1st Board of Appeal
of OHIM of 26 September 2006 issued in case no R1407/
2005-1 with costs awarded against OHIM

Pleas in law and main arguments

Applicant for a Community trade mark: Bodegas Navarro Lopéz,
S.L.

Community trade mark concerned: Word mark ‘CITA DEL SOL’ for
products and services within classes 33 and 39 (application
No. 2.712.982)

Proprietor of the mark or sign cited in the opposition proceedings:
Applicant

Mark or sign cited in opposition: Community word mark ‘VIÑA
SOL’ (mark no 462.523) and national word marks ‘VIÑA SOL’
for products within class 33,
‘TORRES VIÑA SOL’ for
products within class 33, national word mark ‘SOL’ for products
within class 33.

label

Decision of the Opposition Division: Rejection of the opposition

Decision of the Opposition Division: Rejection of objection

Decision of the Board of Appeal: Rejection of the appeal

Decision of the Board of Appeal: Rejection of appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
40/94 (1) given that there is a likelihood of confusion between
the trade marks at issue

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) given that
there is a likelihood of confusion
between the marks at issue.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark.

Action brought on 16 January 2007 — Miguel Torres, S.L.
v OHIM

Action brought on 6 February 2007 — ThyssenKrupp
Stainless v Commission

(Case T-17/07)

(2007/C 82/87)

Language in which the application was lodged: Spanish

(Case T-24/07)

(2007/C 82/88)

Language of the case: German

Parties

Applicant: Miguel Torres, S.L. (Barcelona, Spain) (represented by:
E. Armijo Chávarri, M. Baz de San Cerefino, A. Castán Pérez-
Goméz, lawyers)

Parties

Applicant: ThyssenKrupp Stainless AG (Duisburg, Germany)
(represented by: M. Klusmann and S. Thomas)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Defendant: Commission of the European Communities