Case T-10/01: Action brought on 22 January 2001 by Lichtwer Pharma AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2001-06-02
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), medicinal product, pharmaceutical industry, trade mark

2.6.2001

EN

Official Journal of the European Communities

C 161/19

application for suspension of operation of Commission Regu-
lation No 2081/2000 of 29 September 2000 introducing
safeguard measures for imports from the overseas countries
and territories of sugar sector products with EC/OCT cumu-
lation of origin (OJ 2000 L 246 of 30.9.2000, p. 64), or for
any other interim measure to protect the interests of the
applicant — the President of the Court of First Instance, made
an order on 1 February 2001, the operative part of which is as
follows:

1.

2.

The application for interim relief is dismissed;

The costs are reserved.

Action brought on 22 January 2001 by Lichtwer Phar-
ma AG against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-10/01)

(2001/C 161/42)

Proprietor of an oppos-
ing mark or of an oppos-
ing sign:

Opposing mark or sign:

Orsem Sarl, Neuilly sur Seine,
France

The Danish mark PREDONIUM,
the Greek mark PREDONIUM, the
Swedish mark PREDONIUM and
the United Kingdom mark PRE-
DONIUM for goods in Class 5

Decision of the Oppo-
sition Division:

opposition upheld and appli-
cation rejected

Decision of the Board of
Appeal:

Grounds of claim:

rejection of the applicant’s appeal

infringement of Regulation (EC)
No 40/94 on the Community
trade mark (Article 8(1)(b)) — no
likelihood of confusion

the case:

(Language of
to be determined in accordance with
Article 131(2) of the Rules of Procedure — Language in which the
application is drafted: German)

Action brought on 1 March 2001 by P&O European
Ferries (Portsmouth) Limited against the Commission of
the European Communities

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
22 January 2001 by Lichtwer Pharma AG, Berlin (Germany),
represented by Robert Kunz-Hallstein, Rechtsanwalt. The other
party to the proceedings before the Board of Appeal was
Orsem Sarl., Neuilly sur Seine (France).

The applicant claims that the Court should:

— annul the decision adopted on 8 November 2000 by the
Second Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) in
appeal No R 586/1999-2;

— order the defendant to pay the costs.

(Case T-49/01)

(2001/C 161/43)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 1 March 2001 by P&O European
Ferries (Portsmouth) Limited, represented by Mark Clough QC
and Julian Ellison, of Ashurst Morris Crisp.

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for the Com-
munity mark:

Trade mark applied for:

Lichtwer Pharma AG

the oral mark ‘SEDONIUM’ —
application No 312 447 for goods
in Class 5 (including medicinal
products)

— declare, pursuant to Article 232 (ex 175) of the EC Treaty
that the Commission failed to fulfil its obligations under
the Treaty by failing to define its position on the
applicant’s complaint dated 29 February 2000 against
Brittany Ferries, and/or at least that part of the complaint
dealing with the period up to 1995 outside the scope of
the Case C-31/98 procedure, and in particular by failing
to initiate the procedure provided for under Article 88(2)
(ex 93(2)) of the EC Treaty;