Case T-127/02: Action brought on 18 April 2002 by Concept-Anlagen u. Geräte nach "GMP" für Produktion u. Labor GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), industrial property, trade mark

15.6.2002

EN

Official Journal of the European Communities

C 144/61

The applicant contests the fine imposed on it, and in particular
its amount. It submits that the Commission ascertained the
facts erroneously and assessed incorrectly the facts ascertained
by it, especially with respect to the applicant’s merely passive
participation in the cartel. The Commission further assessed
incorrectly the non-implementation or delayed implemen-
tation of the agreements. The same applies to the considerable
price falls and fluctuations during the period of the infringe-
ment and to the influence of manufacturing costs on prices.

With respect to the gravity of the infringement, the applicant
submits inter alia that the Commission failed to take appropri-
ately into account, besides the minor effects of the cartel, the
poor economic situation of the sector and the early termination
of the infringement. The Commission also failed to take into
account the purely passive role played by the applicant in the
cartel and its crucial importance for bringing the infringement
to an early end. It thereby infringed the principle of pro-
portionality and Article 15(2) of Regulation No 17 of the
Council.

The fine imposed on the applicant further discriminates against
it compared with much more active members of the cartel.

that

The applicant submits, moreover,
the Commission
infringed the principle of careful and impartial investigation of
the aspects of relevance for the assessment of the fine, since it
failed to follow up numerous indications made by the appli-
cant. Finally, the decision infringes the requirement to state
reasons under Article 253 EC.

The applicant claims that the Court should:

— annul Decision R 0466/2000-2 of the Second Board of

Appeal of the Office of 18 February 2002;

— order the Office to pay the costs.

Pleas in law and main arguments

Community trade mark
sought:

The figurative mark ‘ECA’ —
application No 1106442

Goods or services:

Goods and services in classes 9,
41 and 42

Decision
before
Appeal:

contested
the Board of

Examiner’s refusal to register

Decision of Board of
Appeal:

Dismissal of appeal

Pleas in law:

— Incorrect

application

of
Article 7(1)(h) of Regulation
(EC) No 40/94 (1) and Article
6 of the Paris Convention (2)
because the figurative mark
is not identical to the Euro-
pean emblem.

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

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

(2) Paris Convention for the Protection of Industrial Property.

Action brought on 18 April 2002 by Concept-Anlagen u.
Geräte nach ‘GMP’ für Produktion u. Labor GmbH against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Action brought on 17 April 2002 by Papeteries Mougeot
against the Commission of the European Communities

(Case T-127/02)

(2002/C 144/118)

(Case T-128/02)

(2002/C 144/119)

(Language of the case: German)

(Language of the case: French)

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
18 April 2002 by Concept-Anlagen u. Geräte nach ‘GMP’ für
Produktion u. Labor GmbH, Heidelberg (Germany), represent-
ed by G.J. Hodapp, lawyer.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 April 2002 by Papeteries
Mougeot, established in Laval-sur-Vologne France, represented
by Guy Barsi,
Julien Baumgartner and Jean-Paul Hordies,
lawyers, with an address for service in Luxembourg.