Case T-234/01: Action brought on 28 September 2001 by Andreas Stihl AG & Co. against the Office for Harmonization in the Internal Market (Trade Marks and Designs)
Date: 2001-12-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), hand tool

C 348/24

EN

Official Journal of the European Communities

8.12.2001

COURT OF FIRST INSTANCE

Action brought on 25 September 2001 by Territorio
Histo´ rico de Alava — Excma. Diputacio´ n de Alava, and
the Comunidad auto´ noma del Paı´s Vasco — Gobierno
Vasco against Commission of the European Communities

Action brought on 28 September 2001 by Andreas Stihl
AG & Co. against the Office for Harmonization in the
Internal Market (Trade Marks and Designs)

(Case T-230/01)

(2001/C 348/47)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 September 2001 by the Territo-
rio Histo´ rico de Alava — Excma. Diputacio´ n de Alava, and the
Comunidad auto´ noma del Paı´s Vasco — Gobierno Vasco,
Alava (Spain), represented by Ramo´ n Falco´ n, lawyer.

The applicants claim that the Court should:

— annul

in its entirety the decision of the Commission
which is contested in this action; in the alternative, annul
Article 3 of that decision;

(Case T-234/01)

(2001/C 348/48)

(Language of the Case: German)

An action against the Office for Harmonization in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
28 September 2001 by Andreas Stihl AG & Co., Waiblingen
(Germany), represented by Rechtsanwalt S. Völker with an
address for service in Luxembourg.

— order the Commission to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicants contest Commission Decision C(2001) 1760
final of 11 July 2001 declaring incompatible with the common
market the tax reductions arising from Article 26 of Norma
Foral (Regional Law) No 24/1996 of 5 July 1996 on corpor-
ation tax (Boletı´n Oficial del Territorio Histo´ rico de Alava of
9 August 1996), which provides for a reduction of 99 %,
75 %, 50 % and 25 % of the basis for assessment of the
aforementioned tax applicable during the first four tax years
for undertakings which set up business in the Territorio
Histo´ rico de Alava with effect from the entry into force of the
Law, provided that they have disbursed capital amounting to
more than ESP 20 million (EUR 120 202), invest more than
ESP 80 million (EUR 430 810) and create more than 10 new
jobs.

The pleas in law and main arguments put forward by the
applicants are identical with those put
forward in Case
T-227/01.

Goods or services:

— annul the decision of the First Board of Appeal 24 July
2001 in Case R 447/2000-1 relating to Community
Trade Mark application No 338 194;

— order the Office for Harmonization in the Internal Market

(Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Trade mark:

Combination of
two particular
colours namely an orange (colour
Pantone 164c) and a grey (colour
Pantone 428u) — Colour mark
— Application No 338 194

Goods in Class 7 (including motor
cutting-off
saws, mechanical
machines with guide devices and
mechanical cutting apparatus)

8.12.2001

EN

Official Journal of the European Communities

C 348/25

Decision
before
Appeal:

contested
the Board of

Refusal of the trade mark applica-
tion

Decision of the Board of
Appeal:

Pleas in law:

Dismissal of the appeal

— no absolute grounds

for
refusal within the meaning
of Article 7(1)(b)and (c) of
Regulation (EC) No 40/94 (1)

— no grounds for refusing to
register the mark, in particu-
lar no need to keep it free

— infringement or misinter-
pretation of the relevant pro-
visions of the Regulation.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community Trade Mark (OJ L 11, p. 1).