Case T-89/02: Action brought on 20 March 2002 by Check Point Software Limited against the Office for Harmonisation in the Internal Market
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), software

C 156/28

EN

Official Journal of the European Communities

29.6.2002

The applicant further submits that Article 8 (4) of the Merger
Control regulation, which constitutes the legal basis of the
present Decision, is only applicable where a concentration has
been implemented. The applicant states, however, that the
concentration in this case has not been implemented in any
way.

Pleas in law and main arguments

The Communuity Trade
Mark concerned:

SECURECLIENT

the applicant argues that

Thirdly,
the modalities for the
divestiture constitute an infringement of Community law.
According to the applicant,
these modalities are dispro-
portionate and exceed the Commission’s competences under
Article 8(4) of the Merger Control Regulation.

The applicant finally claims that the Commission has failed to
respect the applicant’s procedural rights, in that the Com-
mission did not respect the applicant’s right to be heard and
relied on information not provided to the applicant.

Product or service:

‘Computer software to protect
systems
from unauthorised
access’, in International Class 9.

Challenged
before
Appeal:

Decision
the Board of

Refusal of
Examiner.

registration by the

Grounds submitted:

Infringement of Article 7(1)(b)
and (c) of Regulation No 40/94.

(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 OJ L 257 of 21.9.1990,
p. 13).

Action brought on 28 March 2002 by Klausner Nordic
Timber GmbH & Co. KG against the Commission of the
European Communities

Action brought on 20 March 2002 by Check Point
Software Limited against the Office for Harmonisation in
the Internal Market

(Case T-89/02)

(2002/C 156/55)

(Language of the case: English)

(Case T-91/02)

(2002/C 156/56)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 20 March 2002 by Check Point
Software Limited, represented by Mr Graham Farrington of
Farrington & Co Solicitors, Reading (United Kingdom).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 March 2002 by Klausner Nordic
Timber GmbH & Co. KG, Wismar (Germany), represented by
D.O. Reich, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the Decision of the defendant’s First Board of

Appeal of 7 January 2002; and

— order the defendant

the application to its
to remit
Examination Division for re-examination of Community
Trade Mark no. 1744168 (SECURECLIENT).

— annul the Commission’s decision of 15 January 2002 on
State aid granted by Germany to Klausner Nordic Timber
GmbH & Co. KG;

— order the defendant to pay the costs.