Case C-363/06: Order of the Court of 20 February 2008 — Comunidad Autónoma de Valencia — Generalidad Valenciana v Commission of the European Communities (Appeal — Article 119 of the Rules of Procedure — Article 19 of the Statute of the Court of Justice — Representation by a lawyer — Compliance with the essential procedural requirements of the Rules of Procedure — Principle of non-discrimination — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2008-02-20
Institutions: Court of Justice
Subjects: Cohesion Fund, EU financing arrangements, European Commission, General Court (EU), Spain, action for annulment (EU), appeal

24.5.2008

EN

Official Journal of the European Union

C 128/15

Judgment of the Court (Seventh Chamber) of 3 April 2008
v
— Commission

European Communities

the

of
Portuguese Republic

Order of the Court of 20 February 2008 — Comunidad
Autónoma de Valencia — Generalidad Valenciana v
Commission of the European Communities

(Case C-289/07) (1)

(Case C-363/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/17/EC — Coordination of the procurement procedures
of entities operating in the water, energy, transport and postal
services sectors — Failure to transpose within the period
prescribed)

(Appeal — Article 119 of the Rules of Procedure — Article 19
of the Statute of the Court of Justice — Representation by a
lawyer — Compliance with the essential procedural require-
ments of the Rules of Procedure — Principle of non-discrimi-
nation — Appeal in part manifestly inadmissible and in part
manifestly unfounded)

(2008/C 128/24)

Language of the case: Portuguese

(2008/C 128/25)

Language of the case: Spanish

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and D. Kukovec, acting as Agents,)

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Andrade de Sousa, Agents)

Re:

Appellant: Comunidad Autónoma de Valencia — Generalidad
Valenciana (represented by: C. Fernández Vicién, I. Moreno-Tapia
Rivas, M.J. Rodríguez Blasco, abogados, and J.V. Sánchez-Tara-
zaga Marcelino)

Other party to the proceedings: Commission of
the European
Communities (represented by: F. Castillo de la Torre and L.
Escobar Guerrero, acting as Agents)

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Directive 2004/17/EC of the European Parliament
and of the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy, trans-
port and postal services sectors (OJ 2004 L 134, p. 1)

Intervener in support of the appellant: Kingdom of Spain (repre-
sented by: N. Días Abad)

Intervener in support of the other party to the proceedings:
Italian Republic (represented by:I.M. Braguglia, Agent, and P.
Gentili, avvocato dello Stato)

Operative part of the judgment

The Court:

Re:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/17/EC of the European Parliament and of the
Council of 31 March 2004 coordinating the procurement proce-
dures of entities operating in the water, energy, transport and postal
services sectors, the Portuguese Republic has failed to fulfil its obli-
gations under Article 71 of that directive;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 183, 4.8.2007.

Appeal against the order of the Court of First Instance (Second
Chamber) of 5 July January 2006 in Case T-357/05 Comunidad
Autónoma de Valencia — Generalidad Valenciana v Commission, by
which the Court dismissed as manifestly inadmissible the appel-
lant's application to annul Commission Decision C(2005) 1867
final of 27 June 2005 concerning the reduction of the financial
assistance initially granted from the Cohesion Fund to Project
Group No 97/11/61/028, concerning the collection and treat-
ment of waste waters on the Mediterranean coast of the Comu-
nidad Autónoma de Valencia (Spain) — Representation by a
lawyer — Article 19 of the Statute of the Court of Justice

Operative part of the order

1. The appeal is dismissed.

C 128/16

EN

Official Journal of the European Union

24.5.2008

2. The Comunidad Autónoma de Valencia — Generalidad Valenciana

is ordered to pay the costs.

Order of the Court (Fifth Chamber) of 15 February 2008
— Carsten Brinkmann v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(1) OJ C 261, 28.10.2006.

(Case C-243/07) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Word sign ‘terranus’ — Refusal of registration)

the Court

Order of
(Sixth Chamber) of 13 February
2008 — Indorata-Serviços e Gestão, Lda v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case C-212/07) (1)

trade mark — Word mark
(Appeal — Community
HAIRTRANSFER — Refusal of registration — Lack of
distinctive character)

Parties

(2008/C 128/27)

Language of the case: German

(2008/C 128/26)

Language of the case: German

Appellant: Carsten Brinkmann (represented by: K. van Bebber,
Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, acting as Agent), Terra Networks SA

Parties

Appellant:
Wallentin, lawyer)

Indorata-Serviços e Gestão, Lda

(represented by: T.

Re:

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: J.
Weberndörfer, acting as Agent)

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 15 February 2007 in Case T-204/04 Indorata-
Serviços e Gestão, Lda v OHIM, by which the Court of First
Instance dismissed the action for annulment of the decision
the word mark HAIRTRANSFER for
refusing registration of
goods and services in Classes 8, 22, 41 and 44 — Distinctive-
ness of the mark

Operative part of the order

1. The appeal is dismissed.

goods

in Class 36)

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 22 March 2007 in Case T 322/05 Brinkmann v
OHIM — Terra Networks (Terranus) dismissing the action brought
by the applicant for the Community word mark ‘TERRANUS’
(for
annulment of Decision
R 1145/2004-1 of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (OHIM) of 10 June 2005,
by which the appeal against the decision of the Opposition Divi-
sion to refuse registration of the mark was dismissed in opposi-
tion proceedings brought by the holder of the Community trade
mark and national figurative mark ‘TERRA’ for goods in Class 36
— Likelihood of confusion between the two marks

for

Operative part of the order

1. The appeal is dismissed.

2. Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

2. Mr Brinkmann is ordered to pay the costs.

(1) OJ C 155, 7.7.2007.

(1) OJ C 199, 25.8.2007.