Case T-500/04: Judgment of the Court of First Instance (Second Chamber) of 22 May 2007 — Commission v IIC (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 telecommunications networks — Forfeiture — Eligibility of the costs purportedly incurred)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU aid, European Commission, Germany, action brought before an administrative court, aid system, culture, financial aid, provision of services, redemption

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