Case T-137/05: Judgment of the Court of First Instance of 16 May 2007 — La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC) (Community trade mark — Cancellation proceedings — Community word mark NIMEI LA PERLA MODERN CLASSIC — Earlier national figurative and word marks la PERLA and LA PERLA PARFUMS — Relative grounds for refusal — Article 52(1)(a) of Regulation (EC) No 40/94 — Article 8(5) of Regulation No 40/94)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, jewellery and goldsmith's articles, trade-mark law

7.7.2007

EN

Official Journal of the European Union

C 155/21

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 18 October 2004 (Case R 542/2002-2);

3. Dismisses the application by IIC Informations-Industrie Consulting

GmbH for suspension of enforcement of this judgment;

4. Orders IIC Informations-Industrie Consulting GmbH to pay the

costs.

2. Orders OHIM to bear its own costs and to pay those incurred by

(1) OJ C 82, 2.4.2005.

the applicant, Merant GmbH;

3. Orders the intervener, Focus Magazin Verlag GmbH, to bear its

own costs.

(1) OJ C 82 of 2.4.2005.

Judgment of the Court of First Instance (Second Chamber)
of 22 May 2007 — Commission v IIC

(Case T-500/04) (1)

(Arbitration clause — Jurisdiction of
the Court of First
Instance — Repayment of the advance paid by the Community
for projects financed in the domain of trans-European telecom-
munications networks — Forfeiture — Eligibility of the costs
purportedly incurred)

Judgment of the Court of First Instance of 16 May 2007 —
La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA
MODERN CLASSIC)

(Case T-137/05) (1)

(Community trade mark — Cancellation proceedings — Com-
munity word mark NIMEI LA PERLA MODERN CLASSIC
— Earlier national figurative and word marks la PERLA and
LA PERLA PARFUMS — Relative grounds for refusal —
Article 52(1)(a) of Regulation (EC) No 40/94 — Article 8(5)
of Regulation No 40/94)

(2007/C 155/41)

Language of the case: Italian

(2007/C 155/40)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun, W. Wils and N. Knittlmayer, acting as
Agents)

Defendant: IIC Informations-Industrie Consulting GmbH (estab-
lished in Königswinter, Germany) (represented by: E. Rott and
J. Wolff, lawyers)

Re:

Application under Article 238 EC for an order requiring the
defendant to repay part of the advance paid by the Community
in implementation of two financing contracts in relation to
cultural programmes.

Operative part of the judgment

The Court:

1. Orders IIC Informations-Industrie Consulting GmbH to pay the
Commission of the European Communities the principal sum due
of EUR 179 337,
interest at 4 % per
together with default
annum as from 1 November 1998 until full payment of the sums
due;

Applicant: Gruppo La Perla SpA (Bologna, Italy) (represented by:
R. Morresi and A. Dal Ferro, lawyers)

Defendant: Office for Harmonisation in the Internal Market
initially
by:
(Trade Marks
M. Capostagno, and subsequently O. Montalto, Agents)

and Designs)

(represented

Other party to the proceedings before the OHIM Board of Appeal,
intervener before the Court of First Instance: Worldgem Brands —
Gestão e Investimentos Lda, formerly Cielo Brands — Gestão e
Investimentos
Lda,
by:
G. Bozzola et C. Bellomunno, lawyers)

(represented

(Madeira,

Portugal)

Re:

Appeal lodged against the decision of the First Board of Appeal
of OHIM of 25 January 2005 (Case R 537/2004-1) relating to
cancellation proceedings between Gruppo La Perla SpA and
Worldgem Brands — Gestão e Investimentos Lda.

Operative part of the judgment

1. The decision of the First Board of Appeal of the Office for Harmo-
(Trade Marks and Designs)

nisation in the
(OHIM) of 25 January 2005 (Case R537/2004-1) is annulled.

Internal Market

2. Dismisses the action as to the remainder;

third of the applicant's costs.

2. The intervener is ordered to bear its own costs and to bear one

C 155/22

EN

Official Journal of the European Union

7.7.2007

3. The applicant is ordered to bear two thirds of its own costs.

4. OHIM is ordered to bear its own costs.

(1) OJ C 132 of 28.5.2005.

Judgment of the Court of First Instance of 22 May 2007 —
Mebrom v Commission

(Case T-198/05) (1)

(Non-contractual liability — Importation of methyl bromide
into the European Union — Delay in setting up an Internet
site for requesting and obtaining import licences and quotas
— Articles 6 and 7 of Regulation (EC) No 2037/2000 —
Damage resulting from loss of profit — Actual damage)

(2007/C 155/43)

Language of the case: English

Judgment of the Court of First Instance of 16 May 2007 —
Trek Bicycle v OHIM — Audi (ALLTREK)

Parties

(Case T-158/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark ALLTREK — Earlier
national word mark TREK — Relative ground for refusal —
No likelihood of confusion — No similarity of goods —
Article 8(1)(b) of Regulation (EC) No 40/04)

(2007/C 155/42)

Language of the case: German

Parties

Applicant: Trek Bicycle Corp.
States) (represented by: J. Kroher and A. Hettenkofer, lawyers)

(Waterloo, Wisconsin, United

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: initially, B. Müller,
subsequently, G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court: Audi AG (Ingolstadt, Germany) (repre-
sented by: L. von Zumbusch and M. Groebl, lawyers)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 2 February 2005 (Case R 587/2004-4)
relating to Opposition Proceedings between Trek Bicycle Corp.
and Audi AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

3. Orders the intervener to bear its costs.

Applicant: Mebrom NV (Rieme-Ertvelde, Belgium) (represented
by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker and X. Lewis, Agents)

Re:

Action for compensation for the damage allegedly suffered by
the applicant as a result of the Commission's failure to set up a
system allowing the applicant to import methyl bromide for
critical uses into the European Union in January and February
2005

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the applicant to bear its own costs and those incurred by the

Commission.

(1) OJ C 182, 23.7.2005.

Judgment of the Court of First Instance of 22 May 2007 —
Mebrom v Commission

(Case T-216/05) (1)

(Protection of
the ozone layer — Importation of methyl
bromide into the European Union — Refusal to allocate an
import quota to the applicant for critical use for 2005 —
Action for annulment — Admissibility — Implementation of
Articles 3, 4, 6 and 7 of Regulation (EC) No 2037/2000 —
Legitimate expectations — Legal certainty)

(2007/C 155/44)

Language of the case: English

(1) OJ C 171 of 9.7.2005.

Parties

Applicant: Mebrom NV (Rieme-Ertvelde, Belgium) (represented
by: C. Mereu and K. Van Maldegem, lawyers)