Case T-311/01: Action brought on 12 December 2001 by Les Editions Albert René against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-03-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU)

C 56/16

EN

Official Journal of the European Communities

2.3.2002

Thus,
it pleads infringement of Articles 2, 8 and 19 of
Regulation No 4064/89 and violation of the principle of sound
administration, inasmuch as, according to the applicant, the
Commission presents the proposals for undertakings in an
excessively summary way for the purposes of their comprehen-
sion by third parties, who were consequently unable to assess
their real scope.

In addition, according to the applicant,
the Commission
committed various errors of law and of assessment on that
point,
in breach of Articles 2, 8 and 19 of Regulation
No 4064/89, of Article 253 of the EC Treaty and of the
principle of proportionality.

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (OJ L 395 of
30.12.1989, p. 1) (text republished in its entirety, with corrections,
in OJ 1990 L 257, p. 13).

(2) Commission Decision 2001/462/EC, ECSC of 23 May 2001 on
the terms of reference of hearing officers in certain competition
proceedings (Text with EEA relevance) (notified under document
number C(2001) 1461) (OJ L 162 of 19.6.2001, p. 21).

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

TRUCCO S.p.A.

The Community trade
mark applied for:

the pictorial mark registered by
the Office as ‘Starix’ for goods in
Class
9 — Application
No 1043090

Proprietor of the trade-
mark right opposed in
the opposition proceed-
ings:

the applicant

Trade-mark
opposed:

right

the verbal mark ‘ASTERIX’ (Reg.
No 16147)

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

rejection of the opposition

rejection of the appeal

Grounds of claim:

— risk of confusion between

the two marks;

Action brought on 12 December 2001 by Les Editions
Albert René against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-311/01)

(2002/C 56/29)

(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
been drafted: German)

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
12 December 2001 by Les Editions Albert René, of Paris,
represented by J. Pagenberg, lawyer. A further party to the
proceedings before the Board of Appeal was Trucco S.p.A., of
Milan (Italy).

The applicant claims that the Court should:

— annul the decision adopted on 5 October 2001 by the
First Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) in Case
No R 1030/2000-1 and order the cancellation of trade
mark No 1043090 ‘OStarix’;

— order the Office to pay the costs.

— infringement of Article 74(1)
(EC)

Regulation

of
No 40/94 (1).

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

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 18 December 2001 by Yassin Abdullah
Kadi against the Council of the European Union and the
Commission of the European Communities

(Case T-315/01)

(2002/C 56/30)

(Language of the case: English)

An action against the Council of the European Union and the
Commission of
the European Communities was brought
before the Court of First Instance of the European Communities
on 18 December 2001 by Yassin Abdullah Kadi, represented
by Mr David Pannick QC, Mr Pushpinder Saini, Barrister, Mr
Guy Martin and Mr Adam Tudor (Peter Carter-Ruck &
Partners), of London (United Kingdom).