Case T-491/04: Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS) (Community trade mark — Opposition proceedings — Application for the Community word mark FOCUS — Earlier national figurative mark MICRO FOCUS — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 40/04)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, office supplies, publication, recording medium, trade-mark law

C 155/20

EN

Official Journal of the European Union

7.7.2007

Defendant: Commission of the European Communities (repre-
sented initially by S. Rating,
subsequently by P. Oliver,
H. Gading and M. Schneider, and finally by W. Mölls and
R. Sauer, Agents)

Intervener in support of the defendant: Landbell AG für Rückhol-
Systeme (Mayence, Germany)
(represented by: A. Rinne and
A. Walz, lawyers)

Re:

Annulment of Article 3 of Commission Decision 2001/837/EC
of 17 September 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Cases
COMP/34493 — DSD, COMP/37366 — Hofman + DSD,
COMP/37299 — Edelhoff + DSD, COMP/37291 — Rechmann
+ DSD, COMP/37288 — ARGE and five other undertakings +
DSD, COMP/37287 — AWG and five other undertakings +
DSD, COMP/37526 — Feldhaus + DSD, COMP/37254 —
Nehlsen + DSD, COMP/37252 — Schönmakers + DSD, COMP/
37250 — Altvater + DSD, COMP/37246 — DASS + DSD,
COMP/37245 — Scheele + DSD, COMP/37244 — SAK + DSD,
COMP/37243 — Fischer + DSD, COMP/37242 — Trienekens +
DSD, COMP/37267 — Interseroh + DSD)
(OJ 2001 L 319,
p. 1), or, in the alternative, annulment of that decision in its
entirety and of
reproduced in
the applicant's commitment
recital 72 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders

the applicant, Der Grüne Punkt — Duales System
Deutschland GmbH, to bear three quarters of its own costs, three
quarters of the costs incurred by the Commission, and the costs
incurred by Landbell AG Rückhol-Systeme;

3. Orders the Commission to bear a quarter of its own costs and a

quarter of the costs incurred by the applicant.

(1) OJ C 44, 16.2.2002.

Judgment of the Court of First Instance of 16 May 2007 —
F v Commission

(Case T-324/04) (1)

(Staff cases — Officials — Expatriation allowance — Action
for annulment — Action for damages — Article 4(1)(a) of
Annex VII to the Staff Regulations — Concept of interna-
tional organisation — Habitual residence and main occupa-
tion — Retroactive refusal to pay the expatriation allowance
— Recovery of amounts wrongly paid)

(2007/C 155/38)

Language of the case: French

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer, Agent)

Re:

First, annul the decisions of the Commission refusing with retro-
active effect to pay the applicant the expatriation allowance and
determining the method for recovery of the amounts wrongly
paid on that account and, second, order repayment of all the
amounts which have been or will be deducted from the appli-
cant's salary from February 2004, plus interest, and damages for
the material and non-material loss allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court of First Instance of 16 May 2007 —
Merant v OHIM — Magazin Verlag (FOCUS)

(Case T-491/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark FOCUS — Earlier
national figurative mark MICRO FOCUS — Likelihood of
confusion — Similarity of signs — Article 8(1)(b) of Regu-
lation (EC) No 40/04)

(2007/C 155/39)

Language of the case: German

Parties

Applicant: Merant GmbH (Ismaning, Germany) (represented by:
A. Schulz, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
initially, D.
Schennen, subsequently, G. Schneider, acting as Agents)

(represented by:

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court: Focus Magazin Verlag GmbH (Munich,
Germany) (represented by: U. Gürtler, lawyer)

Re:

Parties

Applicant: F (Rhodes-Saint-Genèse, Belgium)
É. Boigelot, lawyer)

(represented by:

Action brought against the decision of the Second Board of
Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in
opposition proceedings between Merant GmbH and Focus
Magazin Verlag GmbH.

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