Case T-255/08: Action brought on 16 June 2008 — Eugenia Montero Padilla v OHIM — Padilla Requena (JOSE PADILLA)
Date: 2008-06-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cultural transmission, trade-mark law

15.8.2008

EN

Official Journal of the European Union

C 209/65

— Order the defendant to indemnify the applicant for the loss
suffered by reason of the adoption of those irregular deci-
sions, which amounts to EUR 5 063 773,29, together with
late-payment interest to run from the date of the judgment
to be delivered by the Court of First Instance until payment
in full. The rate of late-payment interest to be applied is to
be calculated on the basis of the rate fixed by the European
Central Bank for main refinancing operations, applicable
during the period concerned, increased by three points;

— Order the defendant to pay the costs.

Action brought on 16 June 2008 — Eugenia Montero
Padilla v OHIM — Padilla Requena (JOSE PADILLA)

(Case T-255/08)

(2008/C 209/115)

Language in which the application was lodged: Spanish

Pleas in law and main arguments

Applicant: Eugenia Montero Padilla (Madrid, Spain) (represented
by: G. Aguillaume Gandasegui and P. Linde Puelles, lawyers)

Parties

The applicant contests the decision of the Commission to reject
its tender submitted in the context of the invitation to tender
for the contract entitled ‘Communication via EUROPA — the
official website of the EU and other online and printed informa-
tion and communication products managed by the Directorate-
General Communication of
the European Commission —
editorial, graphical and technical and translation assistance in
design, production and maintenance’ (OJ 2007/S 193-234221),
and the decision to award the contract to the consortium led by
the applicant seeks
European Service Network.
compensation for
the loss allegedly caused by the errors
committed by the Commission.

In addition,

In support of its action, the applicant submits, principally, that
the Commission should have excluded the consortium led by
European Service Network from the procedure for the award of
the contract, since one of the members of that consortium had
been declared to be in serious breach of its contractual obliga-
tions in respect of a contract intended for services of OPOCE
similar to those which are the subject-matter of the contract at
issue.

In the alternative, the applicant submits that the Commission
has committed a manifest error of assessment when examining
the tender submitted by the consortium led by European Service
Network in that it awarded to it the same mark as the applicant
for the quality criterion, although it could not be certain as to
the capacity of that consortium to supply satisfactory technical
solutions in that regard.

the Commission liable since, on the one hand,

The applicant submits that those irregularities are such as to
it
render
committed an error and, on the other, it seriously and mani-
festly disregarded the limits imposed on its discretion.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
José María Padilla Requena

Form of order sought

Annul OHIM's decision of 1 March 2008 and order that the
application for registration be refused in respect of Community
trade mark ‘JOSE PADILLA’ for Classes 9a, 23a and 41a.

Pleas in law and main arguments

Applicant for a Community trade mark: Eugenia Montero Padilla

Community trade mark concerned: Word mark ‘JOSE PADILLA’
(registration application No 2.844.066) for goods and services
in Classes 9, 25 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant

Mark or sign cited in opposition: Word mark ‘JOSE PADILLA’
(registration application No 2.844.066) for goods and services
in Class 41.

Decision of the Opposition Division: Dismissal of the opposition

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Articles 4 and 7(1)(a),(b),(c)
and (f) Article 8(1) and (5) of Regulation (EC) No 40/94 on the
Community trade mark.