Case T-357/07: Judgment of the Court of First Instance of 16 December 2008 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio) (Community trade mark — Opposition proceedings — Application for Community word mark FOCUS Radio — Earlier national word marks FOCUS MILENIUM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-12-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), broadcasting, trade-mark law

7.2.2009

EN

Official Journal of the European Union

C 32/33

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Montalto and P.
Bullock, acting as Agents)

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

2. Orders Focus Magazin Verlag GmbH to pay the costs.

Action brought against the decision of the First Board of Appeal
of OHIM of 28 June 2007 (Case R 1653/2006-1) concerning
an application for registration of a tri-dimensional sign repre-
senting a shelter for shade as a Community trade mark.

(1) OJ C 269, 10.11.2007.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Somm Srl to pay the costs.

(1) OJ C 283, 24.11.2007.

Judgment of the Court of First Instance of 16 December
2008 — Focus Magazin Verlag v OHIM — Editorial Planeta
(FOCUS Radio)

(Case T-357/07) (1)

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

(2009/C 32/62)

Language of the case: English

Parties

Judgment of the Court of First Instance of 17 December
2008 — Commission v Cooperação e Desenvolvimento
Regional

(Case T-174/08) (1)

financial assistance
(Arbitration clause — Contract
concluded under a specific programme in the field of telematic
applications of common interest — Encata Project — Reim-
bursement of sums advanced — Late-payment interest —
Default procedure)

for

(2009/C 32/63)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Afonso, acting as Agent)

Defendant: Cooperação e Desenvolvimento Regional,
(Setúbal, Portugal)

SA

Re:

Action under Article 238 EC seeking an order that the defen-
dant reimburse part of the amount advanced by the European
Community, together with late-payment interest, under contract
SU 1001 (SU) Encata.

Operative part of the judgment

The Court:

Applicant: Focus Magazin Verlag GmbH (Munich, Germany)
(represented by: B. Müller, R. Schweizer and T. Schwarz,
lawyers)

1. Orders Cooperação e Desenvolvimento Regional, SA to reimburse
the European Communities the sum of

to the Commission of
EUR 63 349,27, together with late-payment interest:

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

Other party to the proceedings before the Board of Appeal of OHIM:
Editorial Planeta, SA (Barcelona, Spain)

— at the rate of 6.29 % per annum from 31 January 2001 to

the date of the present judgment;

— at the annual rate applied under Irish law, that is to say,
currently Article 26 of the Debtors (Ireland) Act 1840, as
amended, up to the rate of 6.29 % per annum from the date
of the present judgment to full clearance of the debt;

2. Orders Cooperação e Desenvolvimento Regional to pay the costs.

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 30 July 2007 (Case R 269/2005-4) relating
to opposition proceedings between Editorial Planeta, SA, and
Focus Magazin Verlag GmbH.

(1) OJ C 183, 19.7.2008.