Case C-320/05 P: Order of the Court of 4 October 2007 — Fred Olsen SA v Commission of the European Communities, Kingdom of Spain (Appeal — State aid — Maritime transport — Maritime cabotage — Existing aid — New aid — Aid that may be declared compatible with the common market — Service of general economic interest — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2007-10-04
Institutions: Court of Justice
Subjects: General Court (EU), State aid, appeal, control of State aid, maritime transport, proof, rights of the defence, transport company

C 51/28

EN

Official Journal of the European Union

23.2.2008

Order of the Court of 4 October 2007 — Fred Olsen SA v
Commission of the European Communities, Kingdom of
Spain

Order of the Court (Seventh Chamber) of 24 September
2007 — Miguel Torres SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Bodegas
Muga SA

(Case C-320/05 P) (1)

(Case C-405/06 P) (1)

(Appeal — State aid — Maritime transport — Maritime
cabotage — Existing aid — New aid — Aid that may be
declared compatible with the common market — Service of
general economic interest — Appeal in part manifestly inad-
missible and in part manifestly unfounded)

(Appeal — Community trade mark — Application for the
figurative mark ‘Torre Muga’ — Opposition proceedings —
Earlier international and national word mark ‘TORRES’ —
Likelihood of confusion — Opposition rejected)

(2008/C 51/46)

Language of the case: Spanish

(2008/C 51/47)

Language of the case: Spanish

Parties

Parties

Applicant: Fred Olsen SA (represented by R. Marín Correa,
abogado)

Other parties to the proceedings: Commission of the European
Communities (represented by J.L. Buendía Sierra and R. Vidal
Puig, Agents), Kingdom of Spain (represented by N. Díaz Abad,
Agent)

Appellant: Miguel Torres SA (represented by: E. Armijo Chávarri,
abogado)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: I. de
Medrano Caballero, Agent), Bodegas Muga SA (represented by:
F. Porcuna de la Rosa, abogado)

Re:

Re:

the Court of First Instance
Appeal against the judgment of
(Second Chamber, Extended Composition) of 15 June 2005 in
Case T-17/02 Olsen v Commission, in which the Court rejected
the action for annulment of
the Commission's decision of
25 July 2001 relating to State aid file NN 48/2001 — Spain —
Aid for the Transmediterránea shipping company (OJ 2002
C 96, p. 4)

Appeal against the judgment of
the Court of First Instance
(Second Chamber) of 11 July 2006 in Case T-247/03 Torres v
OHIM and Bodegas Muga, by which the Court dismissed the
action brought against the decision of the First Board of Appeal
of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 7 April 2003 (Case R 998/2001-1)
relating to opposition proceedings between Miguel Torres SA
and Bodegas Muga SA

Operative part of the order

1. Dismisses the appeal.

Operative part of the order

2. Orders Fred Olsen SA to pay the costs.

1. The appeal is dismissed;

3. Orders the Kingdom of Spain to bear its own costs.

2. Miguel Torres SA is ordered to pay the costs.

(1) OJ C 271 of 29.10.2005.

(1) OJ C 310, 16.12.2006.