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:

Operative part