Order — ECLI:EU:C:2009:579
Date: 2009-09-24
Language of the case: English
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals
Procedure: Action for annulment;Appeal - inadmissible

Appeal brought on 10 November 2008 by Alcon Inc. against the judgment of the Court of First Instance (Fourth Chamber) delivered on 10 September 2008 in Case T-106/07: Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-481/08 P) Language of the case: English Parties Appellant: Alcon Inc. (represented by: M. Graf, Rechtsanwalt) Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte Form of order sought The appellant claims that the Court should: Annul the Judgment under appeal and annul the contested decision Order OHIM to bear the costs Pleas in law and main arguments The appellant contends that the contested judgment should be set aside on the following grounds: Distortion of facts and evidence since the relevant consumers are normal consumers. This is a question of law which must be decided by the Court even when the argument was first raised in the oral hearing, "da mihi facta, dabo tibi ius". Error in application and interpretation of Article 8(1)(b) of Regulation No. 40/941 and distortion of facts and evidence since apparently only the pronunciation in the English language of the marks "BioVisc" and "DUOVISC" was taken into account, not the pronunciation in the French language. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade markOJ L 11, p. 1