CELEX: 62006CO0325
Language: en
Date: 2007-03-20 00:00:00
Title: Order of the Court (Seventh Chamber) of 20 March 2007.#Galileo International Technology LLC and Others v European Commission.#Case C-325/06 P.

Order of the Court (Seventh Chamber) of 20 March 2007 – Galileo International Technology and Others v Commission
      (Case C‑325/06 P)
      Appeals – Community project for a satellite navigation system (GALILEO) – Harm suffered by the proprietors of trade marks and business names containing the word Galileo – Appeal partly manifestly admissible and partly manifestly unfounded
      1.                     Approximation of laws – Trade marks – Interpretation of Regulation No 40/94 and Directive 89/104 – Right of the proprietor
            of a trade mark to oppose the unlawful use of his mark – Use of the sign in business – Concept (Council Regulation No 40/94,
            Art. 9(1)(b); Council Directive 89/104, Art. 5(1)(b)) (see paras 32-33)
      2.                     Appeals – Grounds – Need for a precise criticism of a point in the reasoning of the Court of First Instance (Art. 225(1),
            EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 36-39)
      3.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1), EC; Statute of the
            Court of Justice, Art. 58, first para.,) (see paras 60, 70-71)
      4.                     Non-contractual liability – Conditions – Legal measure – Real damage, causal link and unusual and special damage – Cumulative
            (Art. 288, second para., EC) (see paras 77-78)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 10 May 2006 in
                  Case T-279/03 
               
               Galileo
               International Technology and Others
                v 
               Commission
                by which the Court dismissed an application seeking, first, an order that the Commission cease to use the term Galileo in
                  relation to the Community project for a global satellite navigation system and to encourage others to use that term, and,
                  second, for compensation for the loss allegedly suffered by the applicants on account of the use and promotion of that term
                  by the Commission, which they claimed to be identical to trade marks registered by them and to their business names.
               
            Operative part 
      
         
                   
               
               
                  
               
               
                  The appeal is dismissed.
               
            
         
                   
               
               
                  
               
               
                  Galileo International Technology LLC, Galileo International LLC, Galileo Belgium SA, Galileo Danmark A/S, Galileo Deutschland
                     GmbH, Galileo España SA, Galileo France SARL, Galileo Nederland BV, Galileo Nordiska AB, Galileo Portugal Ltd, Galileo Sigma
                     Srl, Galileo International Ltd, The Galileo Co. and Timas Ltd are ordered to pay the costs.