Case T-158/05: Judgment of the Court of First Instance of 16 May 2007 — Trek Bicycle v OHIM — Audi (ALLTREK) (Community trade mark — Opposition proceedings — Application 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)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle, trade-mark law

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)