Case T-28/04: Order of the Court of First Instance of 11 July 2007 — Mülhens v OHIM — Cara (TOSKA LEATHER) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark TOSKA LEATHER — Earlier national word mark TOSCA — Relative grounds for refusal — Well-known trade mark within the meaning of Article 6 bis of the Paris Convention — Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5) of Regulation (EC) No 40/94)
Date: 2007-08-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), book trade, clothing, leather, trade-mark law

C 199/30

EN

Official Journal of the European Union

25.8.2007

Defendant: Commission of the European Communities (repre-
sented by:
initially by P. Oliver, É. Gippini Fournier and
C. Ingen-Housz, and subsequently by P. Oliver, O. Beynet and
R. Lyal, then by P. Oliver, R. Lyal and F. Arbault, Agents)

Intervener in support of the applicant: French Republic (represented
by: G. de Bergues, Agent)

in support of

Intervener
the defendant: Federal Republic of
Germany (represented by: W.-D. Plessing and M. Lumma,
Agents)

Re:

Action seeking compensation for the loss allegedly suffered by
the applicant as a result of illegality vitiating the control proce-
dure relating to compatibility with the common market of the
merger between Schneider Electric SA and Legrand SA.

Operative part of the judgment

The Court:

1. Orders the European Community to make good, first, the expenses
incurred by Schneider Electric SA in respect of its participation in
the resumed merger control procedure which followed delivery of
the judgments of
the Court of First Instance on 22 October
2002 in Cases T-310/01 and T-77/02 Schneider Electric v
Commission and, second,
the loss sustained by
Schneider Electric as a result of the reduction in the price of dives-
titure of Legrand SA which Schneider Electric had to concede to
the transferee in exchange for the postponement of the effective
date of sale of Legrand until 10 December 2002;

two thirds of

2. Dismisses the action as to the remainder;

3. Orders the parties to communicate to the Court, within the period
of three months from 11 July 2007, the amount representing the
first head of loss, jointly agreed in accordance with the procedure
set out in paragraph 320 of this judgment;

4. Failing such agreement, orders the parties to submit to the Court,

within the same period, their proposed figures;

5. Orders that the amount of the second head of loss of Schneider
Electric referred to in paragraph 1 above shall be assessed by an
expert;

6. Invites Schneider Electric and the Commission to nominate the
expert or to propose to the Court a list of experts so that one may
be appointed by the Court from that list;

7. Instructs the Registrar of the Court to transmit to the expert for
the purposes of his examination a certified copy of Annexes 8
and 29 to the application;

8. Declares that the expert shall be invited to submit his report

within a period of time to be determined;

9. Instructs the Registrar of the Court to serve the report on the

parties;

10. Declares that the compensation shall be re-assessed and increased
to take account of interest in accordance with the criteria defined
in paragraphs 345 and 346 of this judgement;

11. Reserves the decision on costs.

(1) OJ C 7, 10.1.2004.

Order of the Court of First Instance of 11 July 2007 —
Mülhens v OHIM — Cara (TOSKA LEATHER)

(Case T-28/04) (1)

figurative Community

(Community trade mark — Opposition proceedings — Appli-
cation for
trade mark TOSKA
LEATHER — Earlier national word mark TOSCA — Relative
grounds for refusal — Well-known trade mark within the
the Paris Convention —
meaning of Article 6 bis of
Article 8(1)(b) of Regulation (EC) No 40/94 — Article 8(5)
of Regulation (EC) No 40/94)

(2007/C 199/56)

Language of the case: Italian

Parties

Applicant: Mülhens GmbH & Co. KG (Cologne, Germany) (repre-
sented by: T. Schulte-Beckhausen, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: initially M. Capos-
tagno and then by O. Montalto, Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Mirco Cara (Vigevano,
Italy) (represented by: G. Cimolino, lawyer)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 20 November 2003 (Case R 10/2003-1)
concerning opposition proceedings between Mülhens GmbH &
Co. KG and Mirco Cara

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mülhens GmbH & Co. KG to pay the costs.

(1) OJ C 106, 30.4.2004.