Case T-340/02: Action brought on 13 November 2002 by B.V. Bureau Wĳsmuller Scheepvaart-Transport en Zeesleepvaart Maatschappĳ against the Commission of the European Communities
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), harbour installation, network of navigable waterways, terms for aid, vessel

25.1.2003

EN

Official Journal of the European Communities

C 19/37

The pleas in law and main arguments put forward are identical
to those in Case T-338/02.

Pleas in law and main arguments

( 1) Common Position 2001/931/CFSP of 27 December 2001 on the
application of specific measures to combat terrorism, OJ L 344,
of 28.12.2001, p. 93.

( 2) Council Common Position of 2 May 2002 updating Common
Position 2001/931/CFSP on the application of specific measures
to combat terrorism, OJ L 116, of 3.5.2002, p. 75.

( 3) Council Common Position of 17 June 2002 updating Common
Position 2001/931/CFSP on the application of specific measures
to combat terrorism and repealing Common Position 2002/340/
CFSP, OJ L 160, of 18.6.2002, p. 32.

Action brought on 13 November 2002 by B.V. Bureau
Wijsmuller Scheepvaart-Transport
en Zeesleepvaart
Maatschappij against the Commission of the European
Communities

(Case T-340/02)

(2003/C 19/71)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 November 2002 by B.V.
Bureau Wijsmuller Scheepvaart-Transport en Zeesleepvaart
Maatschappij, with its registered office in IJsmuiden (Nether-
lands), represented by M.J.J.M. Essers.

The pleas in law submitted are identical to those in Case
T-326/02.

Action brought on 8 November 2002 by Metro-Goldwin-
Mayer Lion Corporation against the Office for Harmon-
ization in the Internal Market

(Case T-342/02)

(2003/C 19/72)

(Language of the case: English)

An action against the Office for Harmonization in the Internal
Market was brought before the Court of First Instance of the
European Communities on 8 November 2002 by Metro-
Goldwin-Mayer Lion Corporation, Santa Monica, California
(United States of America), represented by Fernand de Visscher,
Emmanuel Cornu, Eric De Gryse, Donatienne Moreau, avocats.
A further party to the proceedings before the Board of Appeal
was Moser Grupo Media, S.L., Santa Eulalia Del Rio (Baleares -
Spain).

The applicant claims that the Court should:

— uphold the claim for annulment;

The applicant claims that the Court should:

5 September 2002;

— annul the Decision of the Third Board of Appeal of

(1)

(2)

Primarily, annul the Commission’s decision of 19 June
2002 (C(2002) 2158 final) concerning State aid provided
by the Netherlands for the activities of Netherlands
tugboats operating within seaports and on inland water-
ways of the Community;

In the alternative, annul Articles 2 and 3 of the contested
Commission decision, in which the Commission requires
the Netherlands Government inter alia to adopt all
measures necessary to recover the aid from recipients,
with the exception of that aid which was granted prior to
12 September 1990;

— confirm the decision of the Opposition Division of
19 February 2001 insofar as it upholds the Opposition
number B 47730 for all the contested goods and services
and rejects application for registration no 409664 in its
entirety on the basis of applicant’s national registrations
of the trademark ‘MGM’;

— annul the decision of the Opposition Division of 19 Feb-
ruary 2001 insofar as it does not admit as ground for
rejection applicant’s CTM no 141820 of the trademark
‘MGM’ or, in subsidiary order, insofar as it does not admit
as ground for rejection the earlier national trade mark
registrations in Austria, Greece and the United Kingdom;

(3) Order the Commission to pay the costs of the proceed-

ings.

— condemn the Office to the costs of the proceedings.