Case T-340/06: Judgment of the Court of First Instance of 2 July 2008 — Stradivarius España v OHIM — Ricci (Stradivari 1715) (Community trade mark — Opposition proceedings — Application for Community figurative mark Stradivari 1715 — Earlier Community figurative Stradivarius trade marks — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-07-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), jewellery and goldsmith's articles, trade-mark law

15.8.2008

EN

Official Journal of the European Union

C 209/49

Judgment of the Court of First Instance of 2 July 2008 —
Stradivarius España v OHIM — Ricci (Stradivari 1715)

Judgment of the Court of First Instance of 8 July 2008 —
Commission v Economidis

(Case T-340/06) (1)

(Case T-56/07 P) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark Stradivari 1715 —
Earlier Community figurative Stradivarius trade marks —
Relative ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/85)

(Appeals — Staff cases — Officials — Annulment at first
instance of the Commission's decision to appoint a head of
unit — Rejection of the applicant's candidature — Appoint-
ment of another candidate — Determination of the level of the
filled in the vacancy notice — Principle
post
to be
the grade and the function — Appeal
of separation of
capable of being decided —
well-founded — Dispute

Dismissal of the action)

Language of the case: Italian

(2008/C 209/86)

Language of the case: French

Parties

Applicant: Stradivarius España (Arteixo, Spain) (represented by:
G. Marín Raigal and P. López Ronda, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Montalto and A.
Sempio, Agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Cristina Ricci (Reggello, Italy) (represented by: P. Roncaglia, G.
Lazzaretti, M. Boretto and E. Gavuzzi, lawyers)

Re:

Appellant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, Agents)

Other party to the proceedings: Ioannis Economidis (Woluwé-Saint-
Etienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N.
Louis and E. Marchal, lawyers)

Interveners in support of the appellant: European Parliament (repre-
sented by: C. Burgos and A. Lukošiūtė, Agents); Council of the
European Union (represented by: M. Simm and I. Sulce, Agents);
and Court of Auditors of the European Communities (repre-
sented by: T. Kennedy, J.-M. Stenier and B. Schäfer, Agents)

Action brought against the decision of the Board of Appeal of
OHIM of 7 September 2006 (Case R 1024/2005-1) concerning
opposition proceedings between Stradivarius España, SA and
Cristina Ricci.

Re:

Operative part of the judgment

The Court hereby:

1. Dismisses the action;

2. Orders Stradivarius España, SA to pay the costs.

(1) OJ C 326, 30.12.2006.

Appeal against the judgment of the Civil Service Tribunal of the
European Union (Second Chamber) of 14 December 2006 in
Case F-122/05 Economidis v Commission, not yet published in the
ECR-SC, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Union of 14 December 2006 in Case F-122/05 Econo-
midis v Commission, not yet published in the ECR-SC;

the Civil Service Tribunal of

2. Dismisses the action brought by Mr Ioannis Economidis before the

Civil Service Tribunal in Case F-122/05;