Case T-137/07: Order of the Court of First Instance of 17 December 2008 — Portela v Commission (Non-contractual liability — Marketing of defective digital thermometers bearing the marking CE — Failure to act on the part of the Commission — Causal connection — Action in part manifestly inadmissible and in part manifestly unfounded in law)
Date: 2008-12-17
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), indemnification, medical device, product quality, third-party insurance, withdrawal from the market

7.3.2009

EN

Official Journal of the European Union

C 55/25

Order of the Court of First Instance of 19 December 2008
v OHIM —
— Bomba

Energia Getränkevertriebs
Eckes-Granini (Bomba)

Order of the Court of First Instance of 17 December 2008
— Portela v Commission

(Case T-372/06) (1)

(Community trade mark — Opposition — Withdrawal of the
opposition — No need to adjudicate)

(Case T-137/07) (1)

(Non-contractual
liability — Marketing of defective digital
thermometers bearing the marking ‘CE’ — Failure to act on
the part of the Commission — Causal connection — Action
in part manifestly inadmissible and in part manifestly
unfounded in law)

(2009/C 55/45)

Language of the case: German

(2009/C 55/46)

Language of the case: Portuguese

Parties

Parties

Applicant: Bomba Energia Getränkevertriebs GmbH (Rohrbach,
Austria) (represented by: A. Kockläuner, lawyer)

Applicant: Portela — Comércio de artigos ortopédicos e hospita-
lares, Lda (Queluz, Portugal) (represented by: C. Mourato, lawyer)

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

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and B. Schima, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Eckes-Granini Group
GmbH, formerly Eckes-Granini GmbH & Co. KG (Nieder-Olm,
Germany) (represented by: W. Berlit, lawyer)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 3 October 2006 (Case R 184/2005-2)
relating to opposition proceedings between Eckes-Granini
GmbH & Co. KG and Bomba Energia Getränkevertriebs GmbH

Re:

Claim requesting that the Court of First Instance should impose
on the Commission the obligation to act in accordance with
Article 14b of Council Directive 93/42/EEC of 14 June 1993
concerning medical devices (OJ 1993 L 169, p. 1), as amended
by Directive 98/79/EC of the European Parliament and of the
Council of 27 October 1998 on in vitro diagnostic medical
devices (OJ 1998 L 331, p. 1), by ordering the certification
company TÜV Rheinland Product Safety GmbH, through the
Federal Republic of Germany, to activate, in favour of the appli-
cant, the mandatory civil
liability insurance provided for in
point 6 of Annex XI to Directive 93/42, which that company
took out, and, if the alleged damage cannot be remedied by the
principal claim, in the alternative, a claim for compensation for
the damage sustained by the applicant on account of
the
various omissions on the part of the Commission

Operative part of the order

1. There is no longer any need to adjudicate on the action.

Operative part of the order

2. Bomba Energia Getränkevertriebs GmbH and Eckes-Granini Group
GmbH are ordered to bear their own costs and are also ordered to
pay half of
the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) each.

the costs of

1. The action is dismissed.

2. Portela — Comércio de artigos ortopédicos e hospitalares, Lda is

ordered to pay the costs.

(1) OJ C 42, 24.2.2007.

(1) OJ C 155, 7.7.2007.