Case T-216/05: Judgment of the Court of First Instance of 22 May 2007 — Mebrom v Commission (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)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, import, import restriction, ozone, pesticide

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)

7.7.2007

EN

Official Journal of the European Union

C 155/23

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

Operative part of the judgment

Re:

Action for annulment of an alleged decision addressed to the
applicant relating to the allocation of import quotas for methyl
bromide for 2005, contained in the Commission's letter to the
applicant of 11 April 2005

The Court:

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 205, 20.8.2005.

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.

Judgment of the Court of First Instance of 23 May 2007 —
Henkel KGaA v OHIM — SERCA(COR)

(1) OJ C 182, 23.7.2005.

(Case T-342/05) (1)

(‘Community trade mark — Opposition proceedings — Appli-
cation for Community word mark COR — Earlier national
figurative mark including the word element “dor” in gothic
script — Relative ground for refusal — No likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94’)

Judgment of the Court of First Instance of 23 May 2007 —
The Procter & Gamble Company v OHIM

(Joined Cases T-241/05, T-262/05 to T-264/05, T-346/05,
T-347/05, T-29/06 to T-31/06) (1)

Parties

(2007/C 155/46)

Language of the case: German

(Community trade mark — Applications for three-dimensional
trade marks — Square white tablets with coloured floral
design — Absolute ground for refusal — Article 7(1)(b) of
Regulation (EC) No 40/94 — Absence of distinctive
character)

(2007/C 155/45)

Language of the case: English

Parties

Applicant: The Procter & Gamble Company (Cincinnati, Ohio,
USA) (represented by: G.Kuipers, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(represented by: D. Schennen, then G. Schneider, Agents)

Re:

Nine Actions against the decisions of the First Board of Appeal
of OHIM of 14 April 2005 (case R 843/2004-1), of 3 May 2005
(Case R 845/2004-1), of 4 May 2005 (Case R 849/2004-1), of
1 June 2005 (Case R 1184/2004-1), of 6 July 2005 (Cases R
1188/2004-1 and R 1182/2004-1), of 16 November 2005
(Case R 1183/2004-1), of 21 November 2005 (Case R 1072/
2004-1) and of 22 November 2005 (Case R 1071/2004-1)
concerning the application to register three-dimensional trade
marks.

Applicant(s): Henkel KGaA (Düsseldorf, Germany) (represented
by C. Osterrieth, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially by A. Folliard-
Monguiral then by G. Schneider, agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Serra Y Roca, SA (SERCA) (Barcelona, Spain)

Re:

Action for annulment brought against
the
First Board of Appeal of OHIM of 14 July 2005 (Case R
556/2003-1)
relating to opposition proceedings between
Henkel KGaA and Serra y Roca, SA (SERCA).

the decision of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) OJ C 296 of 26.11.2005.