Case T-39/04: Judgment of the Court of First Instance of 14 February 2008 — Orsay v OHIM — Jiménez Arellano (O orsay) (Community trade mark — Opposition procedure — Application for the word and figurative trade mark O 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, textile industry, trade-mark law

29.3.2008

EN

Official Journal of the European Union

C 79/25

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 February
2008 — BUPA and Others v Commission

3. Orders Ireland and the Kingdom of the Netherlands to bear their

own costs.

(Case T-289/03) (1)

(1) OJ C 264, 1.11.2003.

(State aid — Risk equalisation scheme introduced by Ireland
on the private medical insurance market — Aid system —
Services of general economic interest — Article 86(2) EC —
Commission decision not to raise objections — Action for
annulment — Admissibility — Principles of necessity and
proportionality)

(2008/C 79/48)

Language of the case: English

Parties

Applicants: British United Provident Association Ltd (BUPA)
(London, United Kingdom); BUPA Insurance Ltd (London); and
BUPA Ireland Ltd (Dublin, Ireland) (represented by: N. Green
QC, K. Bacon and J. Burke, Barristers, and B. Amory, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: initially N Khan and J. Flett, then N. Kahn and T.
Scharf, Agents)

Interveners in support of the defendant: Kingdom of the Netherlands
represented by: N. Bel, Agent;
Ireland (represented by: D.
O'Hagan, Agent, with G. Hogan SC and E. Regan, Barrister); and
Voluntary Health Insurance Board (Dublin)
(represented by:
D. Collins, G. FitzGerald and D. Clarke, Solicitors, and P.
Gallagher SC)

Re:

for annulment of

insurance services in Ireland,

Application by, inter alia, BUPA Ireland Ltd, a provider of private
medical
the
Commission's Decision C(2003)1322 final of 13 May 2003 not
to raise objections under Article 4(2) and (3) of Council Regu-
lation (EC) No 659/1999 of 22 March 1999 laying down
detailed rules for the application of Article [88 EC] (OJ 1999
L 83, p. 1), concerning the establishment of a risk equalisation
scheme (RES) in the Irish health insurance market (State aid
N 46/2003 — Ireland).

Operative part of the judgment

The Court:

1. Dismisses the application;

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

(Case T-39/04) (1)

(Community trade mark — Opposition procedure — Applica-
tion for the word and figurative trade mark O 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 79/49)

Language of the case: German

Parties

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

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially, by: U. Pfeghar,
later by: G. Schneider, Agents)

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,

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 3 November 2003 (Case R 394/2002-4)
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.

2. Orders British United Provident Association Ltd (BUPA), BUPA
Insurance Ltd and BUPA Ireland Ltd to bear their own costs and
to pay the costs incurred by the Commission and the Voluntary
Health Insurance Board;

(1) OJ C 106 of 30.4.2004.