Case C-108/07 P: Judgment of the Court (First Chamber) of 17 April 2008 — Ferrero Deutschland GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Cornu SA Fontain (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Application for Community word mark FERRO — Opposition by the proprietor of the earlier national word mark FERRERO — Evidence of the enhanced distinctiveness of the earlier mark)
Date: 2008-04-17
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, confectionery product, trade-mark law

C 142/8

EN

Official Journal of the European Union

7.6.2008

Operative part of the judgment

for

the original of a work or a copy thereof,

The concept of distribution to the public, otherwise than through sale,
the purpose of
of
Article 4(1) of Directive 2001/29/EC of the European Parliament
and of the Council of 22 May 2001 on the harmonisation of certain
aspects of copyright and related rights in the information society,
applies only where there is a transfer of the ownership of that object.
As a result, neither granting to the public the right to use reproduc-
tions of a work protected by copyright nor exhibiting to the public
those reproductions without actually granting a right to use them can
constitute such a form of distribution.

(1) OJ C 326, 30.12.2006.

Judgment of the Court (Third Chamber) of 24 April 2008
(references for a preliminary ruling from the Landesgericht
Bozen (Italy)) — Othmar Michaeler (C-55/07 and C-56/07),
Subito GmbH (C-55/07 and C-56/07), Ruth Volgger
(C-56/07) v Amt für sozialen Arbeitsschutz, Autonome
der
Provinz

Arbeitsinspektorat

(formerly

Bozen

Autonomen Provinz Bozen)

(Joined Cases C-55/07 and C-56/07) (1)

(Directive 97/81/EC — Equal treatment of part-time and
full-time workers — Discrimination — Administrative
obstacle limiting opportunities for part-time work)

(2008/C 142/11)

Language of the case: German

Referring court

Landesgericht Bozen

ties, which imposes a fine for failure to do so — Obligation of
the Member States to eliminate legal and administrative obsta-
cles which may limit the opportunities for part-time work —
Principle of equal treatment of part-time and full-time workers

Operative part of the judgment

Clause 5(1)(a) of
the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC annexed to Council Direc-
tive 97/81/EC of 15 December 1997 concerning the Framework
Agreement on part-time work concluded by UNICE, CEEP and the
ETUC must be interpreted as precluding national legislation such as
that at issue in the main proceedings which requires that copies of
part-time employment contracts be sent
to the authorities within
30 days of their signature.

(1) OJ C 95, 28.4.2007.

Judgment of the Court (First Chamber) of 17 April 2008 —
Ferrero Deutschland GmbH v Office for Harmonisation in
the Internal Market (Trade Marks and Designs), Cornu SA
Fontain

(Case C-108/07 P) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Likelihood of confusion —
Application for Community word mark FERRO — Opposition
by the proprietor of the earlier national word mark FERRERO
— Evidence of the enhanced distinctiveness of the earlier
mark)

(2008/C 142/12)

Language of the case: French

Parties to the main proceedings

Parties

Applicants: Othmar Michaeler (C-55/07 and C-56/07), Subito
GmbH (C-55/07 and C-56/07), Ruth Volgger (C-56/07)

Appellant:
M. Schaeffer, Rechtsanwalt)

Ferrero Deutschland GmbH (represented

by:

Defendant: Amt für sozialen Arbeitsschutz, Autonome Provinz
Bozen (formerly Arbeitsinspektorat der Autonomen Provinz
Bozen)

Other parties to the proceedings: Office for Harmonisation in the
(represented by:
(Trade Marks and Designs)
Internal Market
A. Rassat, Agent), Cornu SA Fontain

Re:

Re:

law and,

of Community

Reference for a preliminary ruling — Landesgericht Bolzano —
Interpretation
particular,
Article 137 EC and Council Directive 97/81/EC of 15 December
1997 concerning the Framework Agreement on part-time work
concluded by UNICE, CEEP and the ETUC — Annex: Frame-
work agreement on part-time work (OJ 1998 L 14, p. 9) —
National legislation requiring employers to send a copy of part-
time employment contracts to the competent national authori-

in

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 15 December 2006 in Case T-310/04
Ferrero Deutschland v OHIM and Cornu in proceedings against the
decision of the Fourth Board of Appeal of OHIM of 17 March
2004 (Case R 540/2002-4) relating to opposition proceedings
between Ferrero OHG mbH and Cornu SA Fontain — Interpre-
tation of Article 8(1)(b) of Council Regulation (EC) No 40/94 of

7.6.2008

EN

Official Journal of the European Union

C 142/9

20 December 1993 (OJ 1994 L 11, p. 1) — Likelihood of
confusion between the two marks — Moderate degree of simi-
larity between the marks — Little similarity between the goods
— Distinctive character of the earlier mark

Parties to the main proceedings

Applicant: A.O.B.Reuter & Co.

Defendant: Hauptzollamt Hamburg-Jonas

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 15 December 2006 in Case T-310/04
Ferrero Deutschland v OHIM — Cornu (FERRO);

the Court of First

Instance of

2. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 17 March 2004 (Case R 540/2002-4);

3. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) and Cornu SA Fontain to pay the
costs of the appeal;

4. Orders Ferrero Deutschland GmbH to bear its own costs in relation
to the proceedings at first instance, except for those relating to the
intervention of Cornu SA Fontain;

5. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) to bear its own costs in relation to
the proceedings at first instance, except for those relating to the
intervention of Cornu SA Fontain;

6. Orders Cornu SA Fontain to bear its own costs and to pay the
costs incurred by Ferrero Deutschland GmbH and the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) in relation to its intervention.

Re:

the application of

Reference for a Preliminary ruling — Finanzgericht Hamburg —
Interpretation of Article 11(1) of Commission Regulation (EEC)
No 3665/87 of 27 November 1987 laying down common
the system of export
detailed rules for
refunds on agricultural products (OJ 1987 L 351, p. 1), as
amended by Commission Regulation (EC) No 2945/94 of
2 December 1994 (OJ 1994 L 310, p. 57), and of Article 51 of
Commission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rules for the application of the
system of export refunds on agricultural products (OJ 1999
L 102, p. 11) — Refund paid to an exporter after submission of
documents forged by a third party — Conditions governing the
application of penalties

Operative part of the judgment

Article 11(1) of Commission Regulation (EEC) No 3665/87 of
27 November 1987 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural products, as
amended by Commission Regulation (EC) No 2945/94 of 2 December
1994, must be interpreted as meaning that the sanction for which it
provides is applicable against an exporter who has requested an export
refund on goods, where those goods, as a result of fraudulent conduct
on the part of the exporter's contracting partner, were not exported.

(1) OJ C 129, 9.6.2007.

(1) OJ C 117, 26.5.2007.

the Court (Fourth Chamber) of 24 April
Judgment of
2008 (reference
a preliminary ruling from the
Finanzgericht Hamburg — Germany) — A.O.B. Reuter &
Co. v Hauptzollamt Hamburg-Jonas

for

(Case C-143/07) (1)

(Agriculture — Regulation (EEC) No 3665/87 — Article 11
— System of export refunds on agricultural products —
Condition for the grant of the refund — Refund paid to the
exporter after
forged by its
submission of documents
contracting partner — Goods not exported — Conditions for
the application of sanctions)

(2008/C 142/13)

Language of the case: German

Referring court

Finanzgericht Hamburg

Judgment of the Court (Third Chamber) of 24 April 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-286/07) (1)

(Failure of a Member State to fulfil obligations — Article 28
EC — Registration of second-hand vehicles previously regis-
tered in other Member States — Requirement of an excerpt
from the commercial register or a comparable document
proving that the seller of the vehicle is registered as a dealer
— Exemption from the requirement to submit invoices or
other documents showing transfer of ownership by previous
owner(s))

(2008/C 142/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky, acting as Agent)