Case T-286/02: Action brought on 23 September 2002 by Oriental Kitchen SARL against Office for the Harmonisation of the Internal Market (trade marks and designs) (OHIM)
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), meat processing industry, trade-mark law

23.11.2002

EN

Official Journal of the European Communities

C 289/31

Action brought on 20 September 2002 by Eva Vega
Rodríguez against Commission of the European Com-
munities

Action brought on 23 September 2002 by Oriental
Kitchen SARL against Office for the Harmonisation of
the Internal Market (trade marks and designs) (OHIM)

(Case T-285/02)

(2002/C 289/57)

(Language of the case: French)

(Case T-286/02)

(2002/C 289/58)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 September 2002 by Eva Vega
Rodríguez, residing in Brussels, represented by Juan Ramón
Iturriagagoitia Bassas, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission of 25 June 2002;

— order that she be paid compensation to make good the
damage suffered by her in the amount of EUR 72 292,36,
subject
together with
default interest at the statutory rate;

to all manner of reservations,

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case, who applied to take part
in Competition COM/A/10/01, challenges the removal of
question 25 from Test A of the selection procedure, following
the discovery of an alleged error in it. That decision prevented
her from obtaining the minimum requisite number of marks
and led to her failing that part of the test.

In support of her arguments, and with regard to the content
of the abovementioned question, the applicant claims that the
Protocol incorporating the Schengen acquis into the European
Union is indeed the Second Protocol attached to the Treaty of
Amsterdam and not, as the Commission claims, Decision
1999/436/EC.

An action against Office for Harmonisation in the Internal
Market (trade marks and designs (OHIM) was brought before
the Court of First Instance of the European Communities on
23 September 2002 by Oriental Kitchen SARL, whose regis-
tered office is in Choisy-le-Roi (France), represented by Jean-
Jacques Sebag, lawyer. Mou Dybfros A/S, Esbjerg (Denmark)
was also an intervener in the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the appeal decision of 28 June 2002 of the Office

for the Harmonisation of the Internal Market;

— vary the decision of the Office for the Harmonisation of

the Internal Market of 11 December 2000;

— reject the opposition made by Mou Dybfros A/S;

— uphold the registration of the trade mark KIAP MOU

sought by Oriental Kitchen;

— order Mou Dybfros A/S to pay all the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

the applicant

The Community trade
mark concerned:

the word mark ‘KIAP MOU’ regis-
tered for goods in Classes 29 and
30 (including meat and prepared
dishes) — application No 950667

Proprietor of the right to Mou Dybfros A/S
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

the national trade mark ‘MOU’,
registered for goods in Classes 29
and 30

C 289/32

EN

Official Journal of the European Communities

23.11.2002

Decision of the Oppo-
sition Division:

rejection of the application for
registration

Decision of the Board of
Appeal:

Grounds of claim:

rejection of the applicant’s appeal

— since the word ‘mou’ in Lao-
tian and Thai means ‘porc’,
the trade mark ‘MOU’
is
merely descriptive and thus
may not be protected;

— registration of

the

trade
mark ‘MOU’ would in fact
prevent the use of a word
with meaning which must be
used in order to describe the
nature of the product to be
sold.

Action brought on 23 September 2002 by Asian Institute
of Technology against Commission of the European
Communities

(Case T-287/02)

(2002/C 289/59)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 September 2002 by the Asian
Institute of Technology, whose registered office is at Klong
Luang (Thailand), represented by Henri Teissier du Cros,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the European Commission of 4 July
2000 to conclude a research contract with the director of
the ‘Center Energy-Environment Research and Develop-
ment’ (CEERD) of the Asian Institute of Technology.

Pleas in law and main arguments

The Commission, by the contested decision, entered into a
research contract with the ‘Center Energy-Environment
Research and Development’, represented by its director. That
centre is a department of the applicant with no legal person-
ality.

According to the applicant, the director of the ‘Center Energy-
Environment Research and Development’ had no mandate to
conclude such a contract. The Commission thus infringed the

principle of sound administration in that it did not ascertain
the powers of the director of the ‘Center Energy-Environment
Research and Development’, which is merely a department of
the applicant with no legal personality.

Action brought on 23 September 2002 by Asian Institute
of Technology against Commission of the European
Communities

(Case T-288/02)

(2002/C 289/60)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 September 2002 by the Asian
Institute of Technology, whose registered office is at Klong
Luang (Thailand), represented by Henri Teissier du Cros,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the European Commission of
22 February 2002 to conclude a research contract with
the alleged director of the ‘Center Energy-Environment
Research and Development’ (CEERD) of the Asian Insti-
tute of Technology.

Pleas in law and main arguments

The Commission, by the contested decision, entered into a
research contract with the ‘Center Energy-Environment
Research and Development’, allegedly represented by its direc-
tor. That centre is a department of the applicant with no legal
personality. The applicant
the person
who signed the contract as director of the ‘Center Energy-
Environment Research and Development’ left the department
on 31 December 2001. The contract was a follow-up contract
to that at issue in Case T-287/02.

further states that

According to the applicant, the alleged director of the ‘Center
Energy-Environment Research and Development’ had no man-
date to conclude such a contract. The Commission thus
infringed the principle of sound administration in that it did
not ascertain the powers of the director nor whether the
person concerned was in fact a director.