Case T-375/03: Judgment of the Court of First Instance of 20 September 2007 — Fachvereinigung Mineralfaserindustrie v Commission (State aid — Measures to promote the use of insulating materials produced from renewable raw materials — Decision declaring the aid compatible with the common market — Preliminary investigation procedure — Action for annulment — Admissibility — Notion of party concerned within the meaning of Article 88(2) EC — Commission's duty to initiate the inter partes procedure)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), building insulation, control of State aid, environmental protection

C 269/44

EN

Official Journal of the European Union

10.11.2007

Operative part of the judgment

Re:

1. Dismisses the action in Case T-125/03 as inadmissible;

2. Dismisses the action in Case T-253/03 as unfounded;

3. Orders Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd to
bear three fifths of their own costs relating to the main proceedings
and to the proceedings for interim relief, and to pay three fifths of
the costs incurred by the Commission relating to the main proceed-
ings and to the proceedings for interim relief;

4. Orders the Commission to bear two fifths of its own costs relating
to the main proceedings and to the proceedings for interim relief,
and to pay two fifths of
the costs incurred by Akzo Nobel
Chemicals and Akcros Chemicals relating to the main proceedings
and to the proceedings for interim relief;

5. Orders the interveners to bear their own costs relating to the main

proceedings and to the proceedings for interim relief.

of

for

annulment

Application
Commission Decision
C(2003) 1473 final of 9 July 2003 declaring the measures
which the German authorities propose to take to promote the
use of insulating materials produced from renewable raw mate-
rials
aid
No 694/2002).

compatible with the

common market

(State

Operative part of the judgment

The Court:

1. Dismisses the action;

2. orders Fachvereinigung Mineralfaserindustrie eV Deutsche Gruppe
der Eurima — European Insulation Manufacturers Association to
bear its own costs as well as those incurred by the Commission;

3. orders the Federal Republic of Germany to bear its own costs.

(1) OJ C 146, 21.6.2003.

(1) OJ C 35, 7.2.2004.

Judgment of the Court of First Instance of 20 September
v
2007 — Fachvereinigung Mineralfaserindustrie

Commission

(Case T-375/03) (1)

(State aid — Measures to promote the use of insulating mate-
rials produced from renewable raw materials — Decision
declaring the aid compatible with the common market —
Preliminary investigation procedure — Action for annulment
— Admissibility — Notion of party concerned within the
meaning of Article 88(2) EC — Commission's duty to initiate
the inter partes procedure)

Judgment of the Court of First Instance of 27 September
2007 — La Mer Technology v OHIM — Laboratoires
Goëmar (LA MER)

(Case T-418/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark LA MER — Earlier national
word mark LABORATOIRE DE LA MER — Relative ground
of refusal — Genuine use of the mark — Article 43(1) and
(2) of Regulation (EC) No 40/94 — No likelihood of confu-
sion — Article 8(1)(b) of Regulation No 40/94))

(2007/C 269/78)

Language of the case: German

(2007/C 269/79)

Language of the case: English

Parties

Parties

Applicant: Fachvereinigung Mineralfaserindustrie eV Deutsche
Gruppe der Eurima — European Insulation Manufacturers Asso-
ciation (Frankfurt am Main, Germany)
(represented by: T.
Schmidt-Kötters, D. Uwer and K. Najork, lawyers)

Applicant: La Mer Technology, Inc. (New York, New York, United
States) (represented by: initially, V. von Bomhard, A. Renck and
A. Pohlmann, and subsequently, V. von Bomhard and A. Renck,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and M. Niejahr, acting as Agents)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

in support of

the defendant: Federal Republic of
Intervener
Germany (represented by:
initially, W.-D. Plessing, M. Lumma
and C. Schulze-Bahr, and subsequently W.-D. Plessing and C.
Schulze-Bahr, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Laboratoires Goëmar
(Saint-Malo, France) (represented by: E. Baud and S. Strittmatter,
lawyers)