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C 51/42 EN Official Journal of the European Union 23.2.

2008

Judgment of the Court of First Instance of 16 January 2008 Order of the Court of First Instance of 12 December 2007
— Inter-Ikea OHIM — Waibel (idea) — Vodafone España and Vodafone Group v Commission

(Case T-112/06) (1) (Case T-109/06) (1)

(Community trade mark — Invalidity proceedings — (Action for annulment — Directive 2002/21/EC —
Community figurative mark ‘idea’ — Earlier Community and Commission's letter of comments — Article 7 of Directive
national figurative and word marks ‘IKEA’ — Relative 2002/21 — Act not amenable to review — Applicant not
ground for invalidity — No likelihood of confusion — affected directly — Inadmissibility)
Article 8(1)(b) and Article 52(1)(a) of Regulation (EC)
No 40/94)
(2008/C 51/78)

(2008/C 51/77)
Language of the case: English
Language of the case: English

Parties
Parties
Applicants: Vodafone España SA (Madrid, Spain) and Vodafone
Group plc (Newbury, Berkshire, United Kingdom) (represented
Applicant: Inter-Ikea Systems BV, (Delft, Netherlands) (repre- by: J. Flynn QC, E. McKnight and K. Fountoukakos-Kyriakakos,
sented by: J. Gulliksson and J. Olsson, lawyers) Solicitors)

Defendant: Office for Harmonisation in the Internal Market


Defendant: Commission of the European Communities (repre-
(Trade Marks and Designs) (represented by: A. Folliard-
sented by: M. Shotter and K. Mojzesowicz, Agents)
Monguiral, Agent)

Intervener in support of the defendant: Kingdom of Spain (repre-


Other party to the proceedings before the Board of Appeal of OHIM
sented by M. Muñoz Pérez, abogado del Estado)
and intervener before the Court of First Instance: Walter Waibel
(Dingolfing, Germany) (represented by: A. Fottner and M.
Müller, lawyers)

Re:

Re: Application for annulment of the decision allegedly contained in


the letter addressed by the Commission on 30 January 2006 to
Action brought against the decision of the First Board of Appeal the Comisión del Mercado de las Telecomunicaciones, on the
of OHIM of 10 February 2006 (Case R 80/2005-1) relating to basis of Article 7(3) of Directive 2002/21/EC of the European
invalidity proceedings between Inter Ikea Systems BV and Walter Parliament and of the Council of 7 March 2002 on a common
Waibel. regulatory framework for electronic communications networks
and services (Framework Directive) (OJ 2002 L 108, p. 33).

Operative part of the judgment


Operative part of the order

The Court:
1. The action is dismissed as inadmissible.

1. Dismisses the action;


2. Vodafone España SA and Vodafone Group plc shall bear their own
costs and pay those incurred by the Commission.
2. Orders Inter-Ikea Systems BV to pay the costs, including those
incurred by Walter Waibel in the proceedings before the Board of
Appeal. 3. The Kingdom of Spain shall bear its own costs.

(1) OJ C 131, 3.6.2006. (1) OJ C 131, 3.6.2006.