Case T-184/06: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 — Commission v Internet Commerce Network and Dane-Elec Memory (Arbitration clause — Contract concluded in the framework of a special programme in the field of information society technologies (Crossmarc project) — Non-performance of the contract — Repayment of the advance paid by the Community — At-first-demand guarantee of the contractual obligations — Default procedure)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, advance payment, appeal to the Court (EU), arbitration clause, contract terms, information technology, project management

20.10.2007

EN

Official Journal of the European Union

C 247/33

Judgment of the Court of First Instance of 12 September
2007 — ColArt/Americas/OHIM (BASICS)

Judgment of the Court of First Instance (Second Chamber)
of 12 September 2007 — Commission v Internet
Commerce Network and Dane-Elec Memory

(Case T-164/06) (1)

(Case T-184/06) (1)

(Community trade mark — Application for the Community
word mark BASICS — Absolute grounds for refusal — Lack
of distinctive character — Descriptive mark — Article 7(1)(b)
and (c) of Regulation (EC) No 40/94 — Distinctive character
acquired through use — Article 7(3) of Regulation No 40/94)

(Arbitration clause — Contract concluded in the framework of
a special programme in the field of information society tech-
nologies (Crossmarc project) — Non-performance of
the
contract — Repayment of the advance paid by the Community
— At-first-demand guarantee of the contractual obligations
— Default procedure)

(2007/C 247/53)

Language of the case: English

(2007/C 247/54)

Language of the case: French

Parties

Parties

Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United
States) (represented by: E. Soler Borda and R. Zeineh, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Applicant: Commission of the European Communities (repre-
sented:
initially by L. Ström van Lier and subsequently by L.
Escobar Guerrero, Agents, assisted by P. Elvinger, lawyer)

Defendants: Internet Commerce Network (Bagnolet, France) and
Dane-Elec Memory (Bagnolet)

Re:

Re:

Application for annulment of the decision of the Fourth Board
of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4)
refusing to register the word mark BASICS as a Community
trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ColArt/Americas, Inc. to pay the costs.

(1) OJ C 190, 12.8.2006.

Action, based on an arbitration clause, for an order that the
defendants repay the amount of the advance paid by the Com-
munity, and interest for late payment, following the non-perfor-
mance of Contract No 2000-25366 concluded in the frame-
work of a special programme for research, technological devel-
opment and demonstration in the field of information society
technologies
(1998-2002) concerning the Crossmarc
project (Cross-lingual Multi Agent Retail Comparison).

(IST)

Operative part of the judgment

The Court:

1. Orders Dane-Elec Memory to pay to the Commission of

the
European Communities the principal sum of EUR 55 878 with
interest thereon:

— at

the annual
31 December 2005;

rate of 4,75 % from 16 March 2004 to

C 247/34

EN

Official Journal of the European Union

20.10.2007

— at the annual rate of 5 % from 1 January to 31 December

2. Orders the Commission to pay the costs.

2006;

— at the annual rate of 5,25 % from 1 January 2007 until the

(1) OJ C 69, 24.3.2007.

debt is paid in full;

2. Decides that there is no need to adjudicate on the claim against

Internet Commerce Network;

3. Orders Dane-Elec Memory to bear its own costs and pay those

incurred by the Commission;

4. Orders Internet Commerce Network to bear its own costs.

Order of the Court of First Instance of 29 August 2007 —
SELEX Sistemi Integrati v Commission

(1) OJ C 212 of 2.9.2006.

(Case T-186/05) (1)

Judgment

of

the

Court

of

First

Instance

of

12 September 2007 — Commission v Chatziioannidou

(Case T-20/07) (1)

(Appeal — Staff case — Officials — Pensions — Annulment
at first
instance of Commission decisions calculating the
number of years of pensionable service — Transfer of national
pension rights)

(2007/C 247/55)

Language of the case: French

(Action for damages — Non-contractual liability — Competi-
tion — Decision of the Commission rejecting a complaint
under Article 82 EC — Action in part manifestly inadmissible
and in part manifestly without foundation in law — Actual
loss)

(2007/C 247/56)

Language of the case: Italian

Parties

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA (Rome, Italy) (represented by: F. Sciaudone, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet, L. Visaggio and F. Amato, acting as
Agents)

Parties

Re:

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

Other party to the proceedings: Eleni Chatziioannidou (Auderghem,
Belgium) (represented by: S. Pappas, lawyer)

Action for damages for the loss allegedly suffered by the appli-
cant as a result of
the Commission of
the decision of
12 February 2004 rejecting the complaint brought by the appli-
cant against Eurocontrol in respect of alleged infringements of
the provisions of the EC Treaty on competition.

Re:

Appeal brought against the judgment of the European Union
Civil Service Tribunal (First Chamber) of 14 November 2006 in
Case F-100/05 Chatziioannidou v Commission (not yet published
in the ECR) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in

part manifestly without foundation in law.

2. SELEX Sistemi Integrati Spa shall pay the costs.

(1) OJ C 217, 3.9.2005.