Case T-36/07: Judgment of the Court of First Instance of 25 June 2008 — Zipcar, Inc. v OHIM — Canary Islands Car (ZIPCAR) (Community trade mark — Opposition proceedings — Application for the Community word mark ZIPCAR — Earlier national word mark CICAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), carriage of passengers, service, trade-mark law

C 197/22

EN

Official Journal of the European Union

2.8.2008

Judgment of the Court of First Instance of 25 June 2008 —
Olympiaki Aeroporia Ypiresies v Commission

3. Dismisses the remainder of the action;

4. Orders each party to bear its own costs.

(Case T-268/06) (1)

(State aid — Aid for airlines on account of losses caused by
the terrorist attacks of 11 September 2001 — Decision
in part, with the
declaring the aid scheme incompatible,
common market and ordering recovery of aid paid —
Article 87(2)(b) EC — Communication from the Commission
of 10 October 2001 on the repercussions of the terrorist
attacks of 11 September — Causal connection between the
exceptional occurrence and the damage — Obligation to state
the reasons on which the decision is based)

(2008/C 197/37)

Language of the case: Greek

Parties

(1) OJ C 294, 2.12.2006.

Judgment of the Court of First Instance of 25 June 2008 —
Zipcar, Inc. v OHIM — Canary Islands Car (ZIPCAR)

(Case T-36/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark ZIPCAR — Earlier
national word mark CICAR — Relative ground for refusal —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

Applicant: Olympiaki Aeroporia Ypiresies AE (Athens, Greece)
(represented by: P. Anestis, lawyer, T. Soames and G. Goeteyn,
Solicitors, S. Mavrogenis and M. Pinto de Lemos Fermiano Rato,
lawyers)

(2008/C 197/38)

Language of the case: English

Defendant: Commission of the European Communities (repre-
sented by: E. Righini and I. Chatzigiannis, Agents)

Parties

Re:

Application for annulment of Commission Decision C(2006)
1580 final of 26 April 2006 concerning a State aid scheme
C 39/2003 (ex NN 119/2002) which the Hellenic Republic
implemented in favour of airlines following losses suffered
between 11 and 14 September 2001.

Applicant: Zipcar, Inc. (Cambridge, Massachusetts, United States)
(represented by: M. Elmslie, Solicitor, and N. Saunders, Barrister,)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Canary Islands Car, SL
(San Bartolome, Spain)

Operative part of the judgment

Re:

The Court:

following losses

1. Annuls Articles 1 and 2 of Commission Decision C(2006) 1580
final of 26 April 2006 concerning a State aid scheme C 39/2003
(ex NN 119/2002) which the Hellenic Republic implemented in
favour of airlines
suffered between 11 and
14 September 2001, in so far as they declare incompatible with
the common market aid granted to Olympiaki Aeroporia Ypiresies
AE, first, for losses due to the cancellation of the flight to Canada
on 15 September 2001, secondly,
its
network apart from the North Atlantic and Israel and, thirdly, for
revenue lost in respect of carriage of goods, the costs of destruction
of sensitive goods, the costs of additional security checks on goods,
the costs connected with additional hours worked by staff and the
costs connected with additional emergency security measures;

for losses in respect of

2. Annuls Article 4 of Decision C(2006) 1580 final in so far as it
orders the aid mentioned in the preceding paragraph to be recov-
ered;

Action brought against the decision of the Second Board of
Appeal of OHIM of 30 November 2006 (case R 122/2006-2)
relating to opposition proceedings between Canary Islands Car,
SL and Zipcar, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Zipcar, Inc. to pay the costs.

(1) OJ C 82, 14.4.2007.