Case T-349/02: Action brought on 22 November 2002 by the company Sephora against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, cosmetics industry, electronic commerce, service, trade-mark law

25.1.2003

EN

Official Journal of the European Communities

C 19/41

The applicants claim that the Court should:

Pleas in law and main arguments

— annul the decision of the Commission of 14 August 2002
referring Case COMP/M.2845 - Sogecable/Canalsatélite
Digital/Vía Digital to the competent authorities in the
Kingdom of Spain pursuant
to Article 9 of Council
Regulation (EEC) No 4064/89;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are essentially those
previously put forward in Case T-346/02 CABLEUROPA and
Others v Commission.

The applicants allege, in particular, breach of the principle of
good administration, inasmuch as the Commission not only
abandoned a practice and a consolidated policy in decisions to
refer cases to the market affected by the operation in question,
it also failed to take into account a case which is closely linked
to the concentration operation and involving the same parties.
In any event, the Commission is better placed than the national
authorities to analyse the abovementioned operation for,
among other reasons, the overriding questions of Community
interest which the later raises.

Applicant for the Com-
munity trade mark:

The Community trade
mark concerned:

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

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

INTER SERVICE S.r.l.

SEPHORA (registration
appli-
cation No 593.806 for goods in
Classes 9, 18 and 25

The applicant

French word mark SEPHORA for
goods in Classes 35 and 42

Decision of the Oppo-
sition Division:

Opposition rejected

Decision of the Board of
Appeal:

Appeal rejected

Grounds of claim:

Misapplication of Article 8(4) of
Regulation No 40/94

Action brought on 22 November 2002 by the company
Sephora against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM)

Action brought on 26 November 2002 by Ikegami Elec-
tronics (Europe) GmbH against the Council of the Euro-
pean Union

(Case T-349/02)

(2003/C 19/77)

(Language of the case: French)

(Case T-350/02)

(2003/C 19/78)

(Language of the case: English)

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
22 November 2002 by Sephora, whose registered office is in
Levallois-Perret (France), represented by Michel-Paul Escande,
lawyer.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonization in the Internal Market (trade
marks and designs) of 9 September 2002 (Case R 425/
2000-2);

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 26 November 2002 by Ikegami Electronics
(Europe) GmbH, Neuss, Germany, represented by Mr Laurent
Ruessmann, lawyer with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul Article 2 of Council Regulation (EC) No 1696/

2002;

— order the defendant to pay the costs.

— order the Council to pay the costs.