Case T-10/06: Judgment of the Court of First Instance of 11 December 2007 — Portela & Companhia v OHIM — Torrens Cuadrado and Gilbert Sanz (Bial) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark Bial — Earlier national word mark BIAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Proof of existence of the earlier mark — Coexistence of earlier marks — Plea amending subject matter of the proceedings — Evidence presented for the first time before the Court of First Instance — Costs incurred before the Opposition Division)
Date: 2007-12-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, health service, pharmaceutical industry, pharmaceutical product, trade-mark law

26.1.2008

EN

Official Journal of the European Union

C 22/43

Judgment of the Court of First Instance of 11 December
2007 — Portela & Companhia v OHIM — Torrens
Cuadrado and Gilbert Sanz (Bial)

Judgment of the Court of First Instance of 12 December
2007 — Ireland and Others v Commission

(Case T-10/06) (1)

(Joined Cases T-50/06, T-56/06, T-60/06, T-62/06 and
T-69/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark Bial — Earlier
national word mark BIAL — Relative ground for refusal —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94 — Proof of existence of the earlier mark — Coexis-
tence of earlier marks — Plea amending subject matter of the
proceedings — Evidence presented for the first time before the
Court of First Instance — Costs incurred before the Opposi-
tion Division)

(State aid — Directive 92/81/EEC — Excise duty on mineral
oils — Mineral oils used as fuel for the production of alumina
— Exemption granted by the French, Irish and Italian authori-
ties — New aid — Existing aid — Obligation to state reasons
— Finding of the Court of its own motion)

(2008/C 22/80)

Languages of the case: English, French and Italian

(2008/C 22/79)

Language of the case: Portuguese

Parties

Applicant: Portela & Companhia, SA (S. Mamede do Coronado,
Portugal) (represented by: J. Conceição Pimenta, Lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: Juan Torrens Cuadrado
and Josep Gilbert Sanz (Gava, Spain)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 14 September 2005 (Case R 897/2004-1)
concerning opposition proceedings between (a)
Juan Torrens
Cuadrado and Josep Gilbert Sanz and (b) Portela & Companhia,
SA.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 14 September 2005 (Case R 897/2004-1) in so far
as it orders the applicant to pay the sum of EUR 600 towards the
costs incurred by Mr Torrens Cuadrado and Mr Gilbert Sanz for
the opposition proceedings.

Parties

Applicant in Case T-50/06: Ireland (represented by: D. O'Hagan,
Agent, and P. McGarry, Barrister)

Applicant in Case T-56/06: French Republic (represented by: G. de
Bergues and S. Ramet, Agents)

Applicant
Aiello, avvocato dello Stato)

in Case T-60/06:

Italian Republic (represented by: G.

Applicant
Italy)
(represented by: L. Martin Alegi, R. Denton and M. Garcia, Solicitors)

in Case T-62/06: Eurallumina SpA (Portoscuso,

Applicant
Ireland) (represented by: J. Handoll and C. Waterson, Solicitors)

in Case T-69/06: Aughinish Alumina Ltd (Askeaton,

Defendant: Commission of the European Communities (represented by
V. Di Bucci, N. Khan, P. Stancanelli and K. Walkerová, acting as
Agents)

Re:

Actions for annulment of Commission Decision 2006/323/EC
of 7 December 2005 on the exemption from excise duty on
for alumina production in the
mineral oils used as
Sardinia,
Shannon
Gardanne
implemented by France, Ireland and Italy respectively (OJ 2006
L 119, p. 12)

region,

region

fuel

and

the

Operative part of the judgment

2. Dismisses the remainder of the application.

The Court:

3. Orders Portela & Companhia, SA to pay, in addition to its own

1. Joins Cases T-50/06, T-56/06, T-60/06, T-62/06 and T-69/06

costs, half the costs incurred by OHIM.

for the purposes of the judgment;

(1) OJ C 60, 11.3.2006.

2. Annuls Commission Decision 2006/323/EC of 7 December
2005 concerning the exemption from excise duty on mineral oils
used as fuel for alumina production in Gardanne, in the Shannon
region and in Sardinia respectively implemented by France, Ireland
and Italy;