Case T-6/07: Judgment of the Court of First Instance of 19 November 2008 — Galderma v OHIM — Lelas (Nanolat) (Community trade mark — Opposition proceedings — Application for the Community word mark Nanolat — Earlier national word mark TANNOLACT — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, pharmaceutical product, trade-mark law, veterinary medicinal product

C 6/24

EN

Official Journal of the European Union

10.1.2009

— at the rate of 2,11 % per annum for the period from 1 January

2006 to the date of the present judgment;

Defendant: Commission of the European Communities (repre-
sented by: M. Wilderspin and E. Manhaeve, acting as Agents)

— at the rate applicable under French law for the period from the
date of the present judgment to that of final settlement of the
principal sum;

Re:

2. orders Premium to pay to the Commission the principal sum of

EUR 30 988,74, together with default interest:

— at the rate of 3,95 % per annum for the period from 1 October

to 31 December 1998;

— at the rate of 2,85 % per annum for the period from 1 January

to 31 December 1999;

— at the rate of 3,6 % per annum for the period from 1 January

2000 to 31 December 2001;

— at the rate of 2,95 % per annum for the period from 1 January

to 31 December 2002;

Application for, first, annulment of the Commission's decision
of 19 October 2006 to reject the applicant's offer in a call for
tenders for support services for the system of registries estab-
lished under Directive 2003/87/CE of the European Parliament
and of the Council of 13 October 2003 establishing a scheme
for greenhouse gas emission allowance trading within the Com-
munity and amending Council Directive 96/61/EC (OJ 2003
L 275, p. 32), the Community independent transaction log
(CITL), with technical maintenance and user support (OJ 2006
S 102), and an application for annulment of the decision to
award the contract to another tenderer and, secondly, a claim
for damages.

— at the rate of 2,15 % per annum for the period from 1 January

Operative part of the judgment

2003 to 31 December 2004;

— at the rate of 2,4 % per annum for the period from 1 January

to 31 December 2005;

— at the rate of 2,5 % per annum for the period from 1 January

2006 to the date of the present judgment;

— at the rate applicable under Danish law for the period from the
date of the present judgment to that of final settlement of the
principal sum;

The Court:

1. Dismisses the action;

2. Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoino-
nion Pliroforikis kai Tilematikis AE to pay its own costs and those
incurred by the Commission.

(1) OJ C 42, 24.2.2007.

3. orders Premium to pay the costs.

(1) OJ C 326, 30.12.2006.

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

(Case T-406/06) (1)

(Public service contracts — Invitation to tender concerning
support services for the system of registries established under
Directive 2003/87/EC — Rejection of a tender — Decision to
award the contract to another tenderer — Manifest error of
assessment — Obligation to state the reasons on which the
decision is based — Claim for damages)

Judgment of the Court of First Instance of 19 November
2008 — Galderma v OHIM — Lelas (Nanolat)

(Case T-6/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark Nanolat — Earlier
national word mark TANNOLACT — No likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/49)

Language of the case: German

(2009/C 6/48)

Language of the case: English

Parties

Parties

Applicant: Galderma SA (Cham, Switzerland)
N. Hebeis, lawyer)

(represented by:

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

10.1.2009

EN

Official Journal of the European Union

C 6/25

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Tihomir Lelas (Zagreb,
Croatia) (represented by: H.-J. Omsels, lawyer)

Re:

Operative part of the judgment

The Court:

1. Dismisses the application;

2. orders the Kingdom of Spain to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 25 October 2006 (Case R 146/2006-4)
relating to opposition proceedings between Galderma SA and
Mr Tihomir Lelas

(1) OJ C 95, 28.4.2007.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Galderma SA to pay the costs.

(1) OJ C 56, 10.3.2007.

Judgment of the Court of First Instance (Eighth Chamber)
of 12 November 2008 — Cantieri Navali Termoli v
Commission

(Case T-70/07) (1)

(State Aid — Shipbuilding — Operating aid linked to
contracts for ships — Application for extension of ship
delivery limit under Article 3 of Regulation (EC) No 1540/98
— Causal link between the exceptional event and the delay)

Judgment of the Court of First Instance of 12 November
2008 — Spain v Commission

(Case T-60/07) (1)

Parties

(2009/C 6/51)

Language of the case: Italian

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Fruit and vegetable sector — Envir-
onmental protection — Administrative procedure)

(2009/C 6/50)

Language of the case: Spanish

Applicant: Cantieri Navali Termoli SpA (Termoli, Italy) (repre-
sented by: B. Mammarella, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Conte and C. Urraca Caviedes, Agents)

Re:

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez,
lawyer)

for

annulment

Action
decision
2006/948/EC of 4 July 2006 on State aid which Italy plans to
implement for Cantieri Navali Termoli SpA (OJ 2006 L 383,
p. 53)

the Commission's

of

Defendant: Commission of the European Communities (repre-
sented by: F. Jimeno Fernández, Agent)

Operative part of the judgment

Re:

Application for partial annulment of Commission Decision
2006/932/EC of 14 December 2006 excluding from Com-
munity financing certain expenditure incurred by the Member
States under the Guarantee Section of the European Agricultural
and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96), in so far
as it excludes certain expenditure incurred by the Kingdom of
Spain in the fruit and vegetable sector

The Court:

1. dismisses the action;

2. orders Cantieri Navali Termoli SpA to pay the costs.

(1) OJ C 95, 28.4.2007.