Case T-315/06: Judgment of the Court of First Instance of 19 November 2008 — Ercros v OHIM (Community trade mark — Opposition proceedings — Application for the Community figurative mark TAI CROS — Earlier national word marks CROS, SOCIEDAD ANÓNIMA CROS and ERCROS — Earlier national figurative marks CROS — Relative ground for refusal — No likelihood of confusion — No similarity of the signs — 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), trade-mark law

10.1.2009

EN

Official Journal of the European Union

C 6/23

Judgment of the Court of First Instance of 19 November
2008 — Ercros v OHIM

Judgment of the Court of First Instance of 19 November
2008 — Commission v Premium

(Case T-315/06) (1)

(Case T-316/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark TAI CROS —
Earlier national word marks CROS, SOCIEDAD ANÓNIMA
CROS and ERCROS — Earlier national figurative marks
CROS — Relative ground for refusal — No likelihood of
confusion — No similarity of the signs — Article 8(1)(b) of
Regulation (EC) No 40/94)

(Arbitration clause — Contracts entered into under a specific
research and technological development programme in the
field of information technology — Repayment of part of the
advance payment made by the Community — Default
interest)

(2009/C 6/47)

Language of the case: French

(2009/C 6/46)

Language of the case: German

Parties

Parties

Applicant: Ercros, SA (Barcelona, Spain)
R. Thierie, lawyer)

(represented by:

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

Other party to the proceedings before the Board of Appeal of OHIM:
Degussa GmbH, formerly Degussa AG (Düsseldorf, Germany)
(represented by: S. Schäffler, lawyer)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 20 September 2006 (Case R 29/2006-1)
concerning opposition proceedings between Ercros, SA and
Degussa GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ercros, SA to pay the costs.

(1) OJ C 326, 30.12.2006.

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti, acting as Agent, assisted by J.-L. Fagnart
and F. Longfils, lawyers)

Defendant: Premium SA (Le Roeulx, Belgium) (represented by:
S. Bertouille and D. Joos de ter Beerst, lawyers)

Re:

Action under Article 238 EC claiming that the defendant should
be ordered to repay part of the advance payments made by the
Community, together with default interest, because of failure to
comply with certain contractual obligations

Operative part of the judgment

The Court:

1. orders Premium SA to pay to the Commission the principal sum of

EUR 57 605,74, together with default interest:

— at the rate of 3,36 % per annum for the period from 1 October

to 31 December 1998;

— at the rate of 3,47 % per annum for the period from 1 January

to 31 December 1999;

— at the rate of 2,74 % per annum for the period from 1 January

to 31 December 2000;

— at the rate of 4,26 % per annum for the period from 1 January

2001 to 31 December 2002;

— at the rate of 3,29 % per annum for the period from 1 January

to 31 December 2003;

— at the rate of 2,27 % per annum for the period from 1 January

to 31 December 2004;

— at the rate of 2,05 % per annum for the period from 1 January

to 31 December 2005;