Case T-346/06 R: Order of the President of the Court of First Instance of 7 June 2007 — IMS v Commission (Applications for interim measures — Application for suspension of operation of a measure — Directive 98/37/EC — Admissibility — Prima facie case — Urgency — Balancing of the interests involved)
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: EU law - national law, European Commission, action for annulment (EU), machinery, pressure equipment, product safety, safety standard, technical regulations, technical standard

4.8.2007

EN

Official Journal of the European Union

C 183/33

Order of the President of the Court of First Instance of
7 June 2007 — IMS v Commission

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-346/06 R)

(Applications for interim measures — Application for suspen-
sion of operation of a measure — Directive 98/37/EC —
Admissibility — Prima facie case — Urgency — Balancing of
the interests involved)

(2007/C 183/64)

Language of the case: Italian

Parties

Applicant: Industria Masetto Schio Srl (IMS) (Schio, Italy) (repre-
sented by: F. Colonna and T. Romolotti, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Zadra and D. Lawunmi, Agents)

Re:

Application for the suspension of operation of Commission
Opinion C (2006) 3914 of 6 September 2006 concerning a
prohibition measure adopted by the French authorities relating
to certain IMS brand mechanical presses.

Operative part of the order

1. The operation of Commission Opinion C(2006) 3914 of
6 December 2006 concerning a prohibition measure adopted by
the French authorities relating to certain IMS brand mechanical
presses is suspended until the Court of First Instance has ruled on
the action in the main proceedings.

2. Costs are reserved.

Action brought on 8 May 2007 — SC Gerovital Cosmetics
v OHIM — SC Farmec (GEROVITAL H3 Prof. Dr. A. Aslan)

(Case T-163/07)

(2007/C 183/65)

Language in which the application was lodged: English

Parties

Applicant: SC Gerovital Cosmetics S.A.
(represented by: D. Boştinşă, lawyer)

(Bucharest, Romania)

Other party to the proceedings before the Board of Appeal: Farmec S.
A. (Cluj-Napoca, Romania)

Form of order sought

— The

invalidation of Decision of 27 February 2007
of the Second Board of Appeal of the Office for Harmonisa-
tion in the Internal Market (Trademarks and Designs)
in
Case R 271/2006-2 — GEROVITAL H3; and subsequently

— the

invalidation of Cancellation Division decision of
23 December 2005 in the proceedings for a declaration of
invalidity of OHIM reference number 872C 0000986 034,
CTM 986034 GEROVITAL H3;

— order that the costs of the proceedings be paid by the defen-

dant.

Pleas in law and main arguments

of

invalidity: The Community

the application for a
Registered Community trade mark subject of
declaration
figurative mark
containing word elements ‘GEROVITAL H3 Prof. Dr. A. Aslan’
for goods and services in Class 3 and 42 — application
No 986 034

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade
mark: Farmec S.A.

Trade mark right of the party requesting the declaration of invalidity:
The figurative national trade mark ‘Gerovital H3 PROF. DR.
ANA ASLAN’ for certain goods in Class 3

Decision of
invalid in its entirety

the Cancellation Division: Declared the trade mark

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Articles 52 and 53(2) of Council
Regulation No 40/94.

The applicant considers that the Romanian figurative mark it
was partially assigned — with respect
to specific products
provided in the assignment contract — by the holder of the
international and national trade mark registrations is an earlier
well known mark enjoying such reputation in more than one
Member State. Hence, it claims to be entitled to priority and
exclusivity for registration purposes.