Case T-308/07: Action brought on 16 August 2007 — Tegebauer v Parliament
Date: 2007-08-16
Institutions: Court of First Instance
Subjects: European Parliament, Germany, action by staff, action for annulment (EU), civil servant, indemnification, petition, traineeship

10.11.2007

EN

Official Journal of the European Union

C 269/49

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Form of order sought

Form of order sought

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1031/2006-2);

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1038/2006-2);

— Order OHMI to pay the costs.

— Order OHMI to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Offshore Legends

Applicant for a Community trade mark: Offshore Legends

Community trade mark concerned: The figurative mark ‘Offshore
Legends’, in black and white, for goods in classes 3, 9, 14, 18,
20, 24, 25, 28 and 35 — Application No 3 160 231

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for products in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the products in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

Community trade mark concerned: The figurative mark ‘Offshore
Legends’ in blue, black and green, for goods in classes 3, 9, 14,
18, 20, 24, 25, 28 and 35 — Application No 2 997 021

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for goods in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the goods in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 9 August 2007 — Offshore Legends v
OHIM — Acteon (OFFSHORE LEGENDS (in blue, black,
green))

(Case T-306/07)

(2007/C 269/88)

Language in which the application was lodged: French

Parties

Action brought on 16 August 2007 — Tegebauer v
Parliament

(Case T-308/07)

(2007/C 269/89)

Language of the case: German

Parties

Applicant: Ingo-Jens Tegebauer (Trier, Germany) (represented by:
R. Nieporte, lawyer)

Applicant: Offshore Legends NV (Nevele, Belgium) (represented
by: P. Mayaert and N. Clarembeaux, lawyers)

Defendant: European Parliament

C 269/50

EN

Official Journal of the European Union

10.11.2007

Form of order sought

— Declare null and void the Decision of the Committee on

Petitions of 20 June 2007 on Petition No 0095/2007;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant contests the Decision of the Committee on Peti-
tions of the European Parliament of 20 June 2007, by which
in accordance with
the petition submitted by the applicant
the European
Article 191(6) of
Parliament was put on the file without further action being
taken. The applicant's petition relates to the partial recovery of
the candidate's remuneration paid during his pre-service training
for the career of senior general administrator with the munici-
pality of Brunswick.

the Rules of Procedure of

In support of his application, the applicant submits that the
contested decision is not sufficiently well founded. In addition,
he points out that the requirements for submission of a petition
under Article 194 EC are met, in particular that it relates to a
matter which comes within the Community's fields of activity
and which affects him directly.

Action brought on 27 August 2007 — Commission v
B2Test

(Case T-317/07)

(2007/C 269/90)

Language of the case: French

Parties

Applicant: Commission of the European Communities (Brussels,
Belgium)
(represented by: L. Escobar Guerrero, agent, and E.
Bouttier, lawyer)

Defendant: B2Test (Gardanne, France)

Form of order sought

— order B2Test

to pay to the

sum of
EUR 50 110,72, corresponding to the principal sum owed
of EUR 43 437,94 and the sum of EUR 6 672,78 owed by
way of default interest, due as of 23 December 2004;

applicant

the

— order B2Test to pay interest amounting to EUR 8,03 per day
at the same rate with effect from 24 December 2004 until
the entire amount due has been paid in full;

— order B2Test to pay the costs.

Pleas in law and main arguments

the
By the present action based on an arbitration clause,
the defendant be ordered to repay
applicant
the advance paid by the Community,
together with default
interest, as a result of the non-performance of Contract No

requests that

for

BRST-CT-98-5452, concluded in the context of a specific
programme
research and technological development,
including demonstration, in the field of industrial and materials
technologies
the project
‘Research and development of a new safety flooring based on
recycled plastic and rubber materials for an environmental and
economic added value’.

and concerning

(1994-1998) (1)

Under the contract, the defendant was required regularly to
submit to the Commission the scientific and financial docu-
ments referred to in the contract. According to the applicant,
only part of the documents required under the contract were
forwarded by the defendant almost three years after the dates
laid down in the contract. The final report on the project was
never forwarded. The applicant therefore submits that the defen-
dant failed to fulfil its contractual obligations and is required to
repay to the Commission the advances which it initially paid to
the defendant.

(1) OJ 1994 L 222, p. 19.

Action brought on 28 August 2007 — Lufthansa AirPlus
Servicekarten v OHMI — Applus Servicios Tecnológicos
(A+)

(Case T-321/07)

(2007/C 269/91)

Language in which the application was lodged: English

Parties

Applicant: Lufthansa AirPlus Servicekarten GbmH (Neu Isenburg,
Germany)
(represented by: G. Würtenberger, T. Wittmann,
lawyers)

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

Other party to the proceedings before the Board of Appeal: Applus
Servicios Technologicos, S.L. (formerly Agbar Automotive, S.L.)
(Barcelona, Spain)

Form of order sought

— That the decision of the Second Board of Appeal dated
7 June 2007 in Case R 310/2006-2, pertaining to the oppo-
sition
registration
No 2 335 693 ‘Airplus International’ against Community
trademark application No 2 933 356 ‘A+’ be annulled;

on Community

trademark

based

— that the opposition against Community trademark applica-
tion No 2 933 356 ‘A+’ be granted and application for regis-
tration of Community trademark registration No 2 933 356
‘A+’ be rejected;

— that the defendant pays the costs of the proceedings.