Case T-378/04: Judgment of the Court of First Instance of 14 February 2008 — Orsay v OHIM — Jiménez Arellano (Orsay) (Community trade mark — Opposition procedure — Application for the word and figurative trade mark Orsay — Earlier national word and figurative trade mark D'ORSAY — Ground for refusal — Risk of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-02-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, textile product, trade-mark law

C 79/26

EN

Official Journal of the European Union

29.3.2008

Judgment of the Court of First Instance of 14 February
2008 — Spain v Commission

Judgment of the Court of First Instance of 14 February
2008 — Orsay v OHIM — Jiménez Arellano (Orsay)

(Case T-266/04) (1)

(Case T-378/04) (1)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Withdrawal of fruit and vegetables
— Check on all products withdrawn — Arable crops and beef
premiums — Period of 24 months)

(2008/C 79/50)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: F. Díez Moreno,
abogado del Estado)

Defendant: Commission of the European Communities (repre-
sented by: L. Visaggio, S. Pardo Quintillán and F.
Jimeno
Fernández, acting as Agents)

Parties

(Community trade mark — Opposition procedure — Applica-
tion for the word and figurative trade mark Orsay — Earlier
national word and figurative trade mark D'ORSAY —
Ground for refusal — Risk of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2008/C 79/51)

Language of the case: German

Re:

Partial annulment of Commission Decision 2004/457/EC of
29 April 2004 excluding from Community financing certain
expenditure incurred by the Member States under the Guarantee
Section of the European Agricultural Guidance and Guarantee
Fund (EAGGF) (OJ 2004 L 156, p. 48, corrigendum in OJ 2004
inasmuch as it excludes certain expenditure
L 202, p. 35),
incurred by Spain

Applicant: Orsay GmbH (Willstät, Germany) (represented by: D.
von Schultz and S. Elbe, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(represented initially, by: T.
(Trade Marks
Eichenberg, later by: G. Schneider, Agents)

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
José Jiménez Arellano S.A. (Madrid, Spain) (represented initially,
by:
later by: S. Hernán-Carrillo Portolés and
finally by: A. Tarí Lázaro, lawyers,

J. Astiz Suárez,

Operative part of the judgment

The Court:

Re:

1. Annuls Commission Decision 2004/457/EC of 29 April 2004
excluding from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2004
L 156, p. 48, corrigendum in OJ 2004 L 202, p. 35), inasmuch
as it excludes expenditure incurred by the Kingdom of Spain in the
Autonomous Communities of the Basque Region and La Rioja in
financial year 1998/1999 relating to arable crops and beef
premiums, on the one hand, and expenditure incurred before
22 March 2000 by the Kingdom of Spain in the Autonomous
Community of the Basque Region in financial year 1999/2000
relating to arable crops and beef premiums, on the other;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 15 June 2004 (Case R 909/2002-4)
concerning an opposition procedure between José Jiménez
Arellano S.A. and Orsay GmbH.

Operative part of the judgment

1. The application is dismissed;

2. Orsay GmbH is ordered to pay the costs.

(1) OJ C 217, 28.8.2004.

(1) OJ C 314 of 18.12.2004.