Case C-171/06 P: Judgment of the Court (Seventh Chamber) of 15 March 2007 — T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret AŞ v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Devinlec Développement Innovation Leclerc SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark — Opposition by the proprietor of an earlier national trade mark — Likelihood of confusion)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, clock and watch industry, jewellery and goldsmith's articles, trade-mark law

28.4.2007

EN

Official Journal of the European Union

C 95/13

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period all measures necessary to
comply with Directives 2002/96/EC of the European Parliament
and of the Council of 27 January 2003 on waste electrical and
electronic equipment
(OJ 2003 L 137, p. 24) and
2003/108/EC of the European Parliament and of the Council of
8 December 2003 amending Directive 2002/96/EC (OJ 2003
L 345, p. 106)

(WEEE)

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, all the provisions necessary
to comply with Directive 2003/51/EC of the European Parlia-
ment and of the Council of 18 June 2003 amending Direc-
tives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC
on the annual and consolidated accounts of certain types of
companies, banks and other financial institutions and insurance
undertakings (OJ 2003 L 178, p. 16)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-

istrative provisions necessary to comply with:

— Directive 2002/96/EC of the European Parliament and of the
Council of 27 January 2003 on waste electrical and electronic
equipment (WEEE), and

— Directive 2003/108/EC of the European Parliament and of
the Council of 8 December 2003 amending Directive
2002/96,

the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under those Directives;

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 108 of 6.5.2006.

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2003/51/EC
of the European Parliament and of the Council of 18 June 2003
amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC
and 91/674/EEC on the annual and consolidated accounts of
certain types of companies, banks and other financial institutions
and insurance undertakings, the Italian Republic has failed to fulfil
its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 131, 3.6.2006.

Judgment of the Court (Seventh Chamber) of 15 March
2007 — T.I.M.E. ART Uluslararasi Saat Ticareti ve diş
Ticaret AŞ v Office for Harmonisation in the Internal
Market (Trade Marks and Designs), Devinlec Développe-
ment Innovation Leclerc SA

Judgment of the Court (Seventh Chamber) of 8 March
the European Communities v
2007 — Commission of

(Case C-171/06 P) (1)

Italian Republic

(Case C-160/06) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2003/51/EC — Company law — Annual accounts of
certain types of companies — Failure to transpose within the
prescribed period)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Figurative mark — Opposi-
tion by the proprietor of an earlier national trade mark —
Likelihood of confusion)

(2007/C 95/22)

Language of the case: English

(2007/C 95/21)

Language of the case: Italian

Parties

Parties

Appellant: T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret
AŞ (represented by: M. Francetti and F. Jacobacci, avvocati)

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and G. Zavvos, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
P. Gentili, avvocato)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
A. Folliard Monguiral and J. Novais Gonçalves, Agents), Devinlec
J.-
Développement
P. Simon, avocet)

Innovation Leclerc SA (represented by:

C 95/14

EN

Official Journal of the European Union

28.4.2007

Re:

Operative part of the judgment

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber, Extended Composition) of 12 January 2005
in Case T-147/03 Devinlec Développement Innovation Leclerc SA v
Office for Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) annulling, upon application by the proprietor
of
figurative mark QUANTIEME for goods in
Classes 14 and 18, Decision R 109/2002-3 of the Third Board
of Appeal of OHIM of 30 January 2003 which annulled the
decision of the Opposition Division refusing registration of the
figurative Community trade mark QUANTUM for goods in
Class 14

the national

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret AŞ

to pay the costs.

(1) OJ C 121, 20.5.2006.

Judgment of the Court (Sixth Chamber) of 18 January 2007
— Commission of the European Communities v Czech
Republic

(Case C-203/06) (1)

(Failure of a Member State to fulfil obligations — Direc-
tive 93/16/EEC — Doctors — Mutual
recognition of
diplomas, certificates and other evidence of formal qualifica-
tions — Failure to transpose within the prescribed period)

The Court:

1) Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council Direc-
tive 93/16/EEC of 5 April 1993 to facilitate the free movement
of doctors and the mutual recognition of their diplomas, certificates
and other evidence of formal qualifications, the Czech Republic has
failed to fulfil its obligations under Article 44 of that directive;

2) Orders the Czech Republic to pay the costs.

(1) OJ C 143, 17.6.2006.

Judgment of the Court (Eighth Chamber) of 1 March 2007
— Commission of the European Communities v Italian
Republic

(Case C-327/06) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2002/14/EC — Establishment of a general framework for
informing and consulting employees in the European Com-
munity — Failure to transpose within the period prescribed)

(2007/C 95/24)

Language of the case: Italian

(2007/C 95/23)

Parties

Language of the case: Czech

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Walkerová and H. Støvlbæk, Agents)

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and L. Pignataro, acting as Agents, acting
as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, acting as
Agent, and M. Massella Ducci Teri, lawyer)

Defendant: Czech Republic (represented by: T. Boček, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to have
transposed, within the prescribed period, Council Directive 93/
16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certifi-
cates and other evidence of formal qualifications (OJ 1993 L
165, p. 1)

Failure of a Member State to fulfil its obligations — Failure to
take all the measures necessary, within the period prescribed, to
comply with Directive 2002/14/EC of the European Parliament
and of the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the Euro-
pean Community — Joint Declaration of the European Parlia-
ment and of the Council and the Commission on the represen-
tation of workers (OJ 2002 L 80, p. 29).