Case T-109/06: Order of the Court of First Instance of 12 December 2007 — Vodafone España and Vodafone Group v Commission (Action for annulment — Directive 2002/21/EC — Commission's letter of comments — Article 7 of Directive 2002/21 — Act not amenable to review — Applicant not affected directly — Inadmissibility)
Date: 2007-12-12
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), dominant position, mobile phone, telecommunications, transmission network

C 51/42

EN

Official Journal of the European Union

23.2.2008

Judgment of the Court of First Instance of 16 January 2008
— Inter-Ikea OHIM — Waibel (idea)

Order of the Court of First Instance of 12 December 2007
— Vodafone España and Vodafone Group v Commission

(Case T-112/06) (1)

(Case T-109/06) (1)

(Community
trade mark — Invalidity proceedings —
Community figurative mark ‘idea’ — Earlier Community and
figurative and word marks ‘IKEA’ — Relative
national
ground for
invalidity — No likelihood of confusion —
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC)
No 40/94)

(2008/C 51/77)

Language of the case: English

(Action for
annulment — Directive 2002/21/EC —
Commission's letter of comments — Article 7 of Directive
2002/21 — Act not amenable to review — Applicant not
affected directly — Inadmissibility)

(2008/C 51/78)

Language of the case: English

Parties

Applicant:
Inter-Ikea Systems BV,
sented by: J. Gulliksson and J. Olsson, lawyers)

(Delft, Netherlands)

(repre-

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

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
and intervener before the Court of First
Instance: Walter Waibel
(Dingolfing, Germany)
(represented by: A. Fottner and M.
Müller, lawyers)

Parties

Applicants: Vodafone España SA (Madrid, Spain) and Vodafone
Group plc (Newbury, Berkshire, United Kingdom) (represented
by: J. Flynn QC, E. McKnight and K. Fountoukakos-Kyriakakos,
Solicitors)

Defendant: Commission of the European Communities (repre-
sented by: M. Shotter and K. Mojzesowicz, Agents)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by M. Muñoz Pérez, abogado del Estado)

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 10 February 2006 (Case R 80/2005-1) relating to
invalidity proceedings between Inter Ikea Systems BV and Walter
Waibel.

Application for annulment of the decision allegedly contained in
the letter addressed by the Commission on 30 January 2006 to
the Comisión del Mercado de las Telecomunicaciones, on the
basis of Article 7(3) of Directive 2002/21/EC of the European
Parliament and of the Council of 7 March 2002 on a common
regulatory framework for electronic communications networks
and services (Framework Directive) (OJ 2002 L 108, p. 33).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Inter-Ikea Systems BV to pay the costs,

including those
incurred by Walter Waibel in the proceedings before the Board of
Appeal.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Vodafone España SA and Vodafone Group plc shall bear their own

costs and pay those incurred by the Commission.

3. The Kingdom of Spain shall bear its own costs.

(1) OJ C 131, 3.6.2006.

(1) OJ C 131, 3.6.2006.