Case T-332/04: Judgment of the Court of First Instance of 12 March 2008 — Sebirán v OHIM — El Coto de Rioja (Coto D'Arcis) (Community trade mark — Opposition proceedings — Application for Community figurative mark Coto D'Arcis — Earlier Community word marks EL COTO and COTO DE IMAZ — Relative ground for refusal — Likelihood of confusion — No damage to reputation — Article 8(1)(b) and (5) of Regulation (EC) No 40/94)
Date: 2008-03-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, non-alcoholic beverage, trade-mark law

26.4.2008

EN

Official Journal of the European Union

C 107/23

Judgment of the Court of First Instance of 12 March 2008
— Evropaïki Dynamiki v Commission

(Case T-345/03) (1)

Defendant: Commission of the European Communities (repre-
sented by: initially, L. Lozano Palacios and M. Velardo, acting as
Agents, and subsequently, G. Berscheid, acting as Agent, and M.
Genton, lawyer)

(Public service contracts — Community tendering procedure
— Provision of services for the development and provision of
services in support of the Community Research and Develop-
ment Service (CORDIS) — Rejection of a tender — Principles
of equal treatment as between tenderers and transparency)

(2008/C 107/36)

Language of the case: English

Parties

Re:

the decision of

Application for annulment of
the selection
board in Competition COM/A/9/01 with a view to constituting
a reserve list for the recruitment of administrators (A7/A6) in
the fields of economics and statistics (OJ 2001 C 240 A, p. 12)
not to include his name on the competition reserve list, and an
application for damages.

Systimata
Evropaïki Dynamiki — Proigmena
Applicant:
Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented:
initially by S. Pappas and subsequently by N.
Korogiannakis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. O'Reilly and L. Parpala, agents)

Operative part of the judgment

The Court:

1. dismisses the action;

Re:

Application for the annulment of the decision to award the
contract which is the subject of
for
tenders ENTR/02/055 — CORDIS Lot 2 for the development
and provision of services for in support of the Community
Research and Development Service (CORDIS)

the Commission's call

Operative part of the judgment

The Court:

2. orders the Commission to pay its own costs and three quarters of

the costs of the applicant;

3. orders the applicant to pay one quarter of its own costs.

(1) OJ C 106, 30.4.2004.

1. Annuls the decision of the Commission of 16 July 2003 to award
tenders

contract which is

subject of

call

the

for

the
ENTR/02/55 — CORDIS Lot 2.

the

2. Orders the Commission to pay the costs.

Judgment of the Court of First Instance of 12 March 2008
— Sebirán v OHIM — El Coto de Rioja (Coto D'Arcis)

(1) OJ C 289, 29.11.2003.

(Case T-332/04) (1)

Judgment of the Court of First Instance of 12 March 2008
— Giannini v Commission

(Case T-100/04) (1)

(Public service — General competition — Non-inclusion in
the reserve list — Irregularities in the conduct of the tests
liable to distort the result — Equal treatment — Action for
annulment — Action for damages)

(2008/C 107/37)

Language of the case: French

Parties

Applicant: Massimo Giannini (Brussels, Belgium) (represented by:
G. Vandersanden and L. Levi, lawyers)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark Coto D'Arcis —
Earlier Community word marks EL COTO and COTO DE
IMAZ — Relative ground for refusal — Likelihood of confu-
sion — No damage to reputation — Article 8(1)(b) and (5) of
Regulation (EC) No 40/94)

(2008/C 107/38)

Language of the case: Spanish

Parties

Applicant: Sebirán SL (Requena, Spain)
Calderón Chavero and T. Villate Consonni, lawyers)

(represented by: A.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Laporta Insa,
agent)

(represented by:

C 107/24

EN

Official Journal of the European Union

26.4.2008

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court of First Instance: El Coto de Rioja SA
(Oyón, Spain) (represented initially by M.E. López Camba, then
by M.E. López Camba and J. Grimau Muñoz, lawyers)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 15 June 2004 (Case R 550/2003-2)
concerning opposition proceedings between El Coto de Rioja
SA and Sebirán SL.

Operative part of the judgment

The Court:

1. dismisses the action;

2. dismisses the application of El Coto de Rioja SA for the partial
annulment of the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) of 15 June 2004 (Case R 550/2003-2);

Re:

the allegedly wrongful conduct of

Action for damages for the loss allegedly suffered by the appli-
the
cant by reason of
Commission in regard to the non-renewal of his contract of
employment concluded in the framework of technical co-opera-
tion between the Community and the Republic of Niger
financed by the European Development Fund (EDF).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Mr Philippe Guigard to pay the costs.

(1) OJ C 271, 29.10.2005.

3. orders Sebirán SL to pay its own costs and those of OHIM and

one half of the costs of El Coto de Rioja SA;

Judgment of the Court of First Instance of 12 March 2008
— Compagnie générale de diététique v OHIM (GARUM)

4. orders El Coto de Rioja SA to bear one half of its own costs.

(Case T-341/06) (1)

(1) OJ C 284, 20.11.2004.

(Community trade mark — Application for Community trade
mark GARUM — Absolute ground for refusal — Relevant
public — Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 107/40)

Language of the case: French

Judgment of the Court of First Instance of 11 March 2008
— Guigard v Commission

Parties

(Case T-301/05) (1)

Applicant: Compagnie générale de diététique SAS (Caen, France)
(represented by: J.-J Evrard and T. de Haan, lawyers)

(Non-contractual
liability — Non-renewal of a contract of
employment financed by the EDF — Lack of unlawful conduct
on the part of the Commission — Jurisdiction of the Court of
First Instance)

(2008/C 107/39)

Language of the case: French

Parties

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

(represented by: A.

and Designs)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 7 September 2006 (Case R 1401/2005-1)
concerning application for
the word sign
GARUM as a Community trade mark.

registration of

Applicant: Philippe Guigard (Paris, France) (represented initially
by: S. Rodrigues and A. Jaume, later by: S. Rodrigues and C.
Bernard-Glantz, lawyers)

Operative part of the judgment

The Court:

Defendant: Commission of the European Communities (repre-
sented initially by: D. Martin and K. Herrmann,
later by: F.
Dintilhac and G. Boudot, Agents)

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 7 September 2006 (Case R 1401/2005-1).