Case T-302/07: Action brought on 6 August 2007 — Motopress v OHIM — Sony Computer Entertainment Europe (BUZZ!)
Date: 2007-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology industry, trade-mark law

C 235/22

EN

Official Journal of the European Union

6.10.2007

Action brought on 31 July 2007 — Evropaïki Dynamiki v
Commission

(Case T-300/07)

(2007/C 235/40)

Language of the case: English

Parties

Applicant:
Systimata
Evropaïki Dynamiki — Proigmena
Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission's decision of the Direction General
for Informatics to reject the bid of the applicant, filed in
response to the open Call
for Tender ENTR/05/078 —
YOUR EUROPE Lot 1 (Editorial Work and Translations) for
‘Your
and Maintenance’
(OJ 2006/S 143-153057) communicated to the applicant by
letter dated 21 May 2007 (‘the decision on Lot 1’) and to
award the contracts to the successful contractor,

Portal Management

Europe

— annul the Commission's decision (DIGIT) to reject the bid of
the applicant filed in response to the open Call for Tender
ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure
for
Management)
‘Your Europe Portal Management and
Maintenance’
(OJ 2006/S 143-153057) communicated to
the applicant by letter dated 13 July 2007 (‘the decision on
Lot 2’) and to award the contracts to the successful contrac-
tors;

— order

the Commission (DIGIT)

to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 1 125 000 Euros for Lot 1
and EUR 825 000 Euros for Lot 2;

— order the Commission (DIGIT) to pay the applicant's legal
and other costs and expenses incurred in connection with
this application, even if the current application is rejected.

Pleas in law and main arguments

In support of its claims the applicant argues that, in the frame-
work of the tendering procedure ENTR/05/078 YOUR EUROPE
Lot 1 (Editorial Work and Translations) for ‘Your Europe Portal
Management and Maintenance’ (OJ 2006/S 143-153057) and
ENTR/05/078 — YOUR EUROPE Lot 2 (Infrastructure Manage-
ment) for ‘Your Europe Portal Management and Maintenance’
(OJ 2006/S 143-153057), the contracting authority, DG DIGIT
of the European Commission, failed to comply with its obliga-
tions foreseen in the Financial Regulation (1), its Implementing
Rules and Directive 2004/18/EC (2) as well as the principles of
transparency and equal treatment

The applicant moreover submits that the contracting authority
committed several manifest errors of assessment which resulted
in the rejection of its bid. Furthermore, the contracting authority
allegedly infringed its obligation to state reasons for its decision
and, in particular, to inform the applicant on the relative merits
of the successful tenderer.

tenderer be annulled and that

The applicant requests, hence, that the decision of the European
Commission to reject its bid and to award the contract to the
successful
is
ordered to pay all legal expenses related to the proceedings even
in case the application is rejected.
the
contract has already been executed by the time the Court
reached its decision or if it is no longer possible to annul the
decision,
compensation
(damages) of EUR 1 125 000 for Lot 1 and EUR 825 000 for
Lot 2 in accordance with Articles 235 and 288 EC.

requests monetary

In the alternative,

the defendant

applicant

the

if

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1).

(2) Directive 2004/18/EC of

the
Council of 31 March 2004 on the coordination of procedures for
the award of public works contracts, public supply contracts and
public service contracts (OJ L 134, p. 114).

the European Parliament and of

Action brought on 6 August 2007 — Motopress v OHIM
— Sony Computer Entertainment Europe (BUZZ!)

(Case T-302/07)

(2007/C 235/41)

Language in which the application was lodged: German

Parties

Applicant: Motopress Werbe- und Verlagsgesellschaft mbH
(Vienna, Austria) (represented by: L. Wiltschek, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Sony Computer Entertainment Europe Limited

Form of order sought

— Amend the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 29 June 2007 (Appeal No R 1468/2006-2)
to the extent required in order to grant the opposition to
trade mark Application No 4 441 044;

6.10.2007

EN

Official Journal of the European Union

C 235/23

— In the alternative, annul the contested decision and refer the
case back to the Office for Harmonisation in the Internal
Market;

— Order the Office for Harmonisation in the Internal Market
the

the appeal proceedings and of

to pay the costs of
proceedings before the Court of First Instance.

Pleas in law and main arguments

Applicant for a Community trade mark: Sony Computer Entertain-
ment Europe Limited

Community trade mark concerned: the figurative mark ‘BUZZ!’ for
goods and services in classes 9, 16, 28 and 41 (Application
No 4 441 044).

application made by the applicant on 20 February 2004 in
relation to the word mark ‘Puzzle’, and in so doing annul
the decision of the Second Board of Appeal of 5 June 2007
in Case R 911/2006-2 and the decision of the Opposition
Division of 29 June 2006 No B 802 340;

— Order the defendant to pay the costs of the proceedings

including the costs incurred by any intervening party.

Pleas in law and main arguments

Applicant for a Community trade mark: The Applicant

Community trade mark concerned: The word mark ‘Puzzle’
goods in classes 16, 32 and 33 (Application No 3 674 651).

for

Proprietor of the mark or sign cited in the opposition proceedings: the
Applicant.

Proprietor of the mark or sign cited in the opposition proceedings:
Viña Carta Vieja S.A.

Mark or sign cited in opposition: Austrian word mark ‘BUZZ!’ for
goods and services in classes 9, 16, 35 and 38.

Decision of the Opposition Division: rejection of the opposition.

Decision of the Board of Appeal: dismissal of the appeal.

Mark or sign cited in opposition:
In particular the word mark
‘MONKEY PUZZLE’ for goods in class 33 (Community trade
mark No 3 238 144).

Decision of the Opposition Division: partial grant of the opposi-
tion.

Pleas in law: Infringement of Article 74(2) of Regulation (EC)
No 40/94 (1) caused by disregard of evidence of the existence of
the mark on which opposition is based.

Decision of the Board of Appeal: annulment of the decision of the
Opposition Division, to the extent that it granted the opposition
for goods in class 32.

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

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

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), because there is no likelihood of confusion
between the opposing trade marks.

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

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

Action brought on 7 August 2007 — Nölle v OHIM —
Viña Carta Vieja (Puzzle)

(Case T-303/07)

(2007/C 235/42)

Language in which the application was lodged: German

Parties

Applicant: Jürgen Nölle (Rheinberg, Germany) (represented by: J.
Reinartz, lawyer)

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

Parties

Action brought on 10 August 2007 — Calzaturificio Frau v
OHIM — Camper

(Case T-304/07)

(2007/C 235/43)

Language in which the application was lodged: Italian

Other party to the proceedings before the Board of Appeal of OHIM:
Viña Carta Vieja S.A.

Applicant: Calzaturificio Frau SpA (San Giovanni Ilarione VR,
Italy) (represented by: A. Rizzoli, lawyer)

Form of order sought

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

— Reject in its entirety the opposition of 24 February 2005
brought by Viña Carta Vieja S.A. against the trade mark

Other part to the proceedings before the Board of Appeal of OHIM:
Camper S.L.