Case T-57/03: Action brought on 20 February 2003 by Société Provençale d'Achat et de Gestion (SPAG) against the Office for Harmonisation in the Internal Market
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, trade mark, trade-mark law

C 112/32

EN

Official Journal of the European Union

10.5.2003

ORDER OF THE COURT OF FIRST INSTANCE

The applicant claims that the Court should:

of 4 March 2003

— annul the decision of the Second Board of Appeal of the
Office of 5 December 2002 in Case No R 1072/2000-2;

in Case T-316/02: Marie-Claude Girardot v Commission
of the European Communities (1)

— order the defendant to pay all the costs.

(Officials — Action for annulment — Refusal to admit to
the tests of a competition — Irregularity of the prior
administrative procedure — Manifest inadmissibility of the
action for annulment)

(2003/C 112/62)

(Language of the case: French)

In Case T-316/02: Marie-Claude Girardot, residing in L’Haye
les Roses (France), represented by E. Boigelot, lawyer, with an
address for service in Luxembourg, against the Commission of
the European Communities (Agents: F. Clotuche-Duvieusart
and H. Tserepa-Lacombe) — application for annulment of the
rejection of the applicant’s application to take part in the tests
for Internal Competition COM/R/502211/01 — the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, and R.M. Moura Ramos and H. Legal,
Judges;
H. Jung, Registrar, has made an order on 4 March 2003, the
operative part of of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The parties are ordered to bear their own costs.

( 1) OJ C 305 of 7.12.02.

Pleas in law and main arguments

Applicants
munity trade mark:

for Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Mark or sign cited in
opposition:

F. Dann and A. Backer

The word mark ‘HOOLIGAN’ —
application No 7179 filed in
respect of goods in Class 25

The applicant

The French word mark and the
international word mark ‘OLLY
GAN’, registered,
inter alia, for
goods in Class 25 (clothing)

Decision of the Oppo-
sition Division:

Refusal of
registration

the application for

Decision of the Board of
Appeal:

Annulment of the decision of the
Opposition Division

Pleas in law:

Infringement of Article 8(1)(b) of
Regulation (EC) No 40/94 and of
the legal concept of likelihood of
confusion.

Action brought on 20 February 2003 by Société Provença-
le d’Achat et de Gestion (SPAG) against the Office for
Harmonisation in the Internal Market

Action brought on 24 February 2003 by Olimpiaki
(Olympic Airways) against the Com-
Aeroporia A.E.

mission of the European Communities

(Case T-57/03)

(2003/C 112/63)

(Case T-68/03)

(2003/C 112/64)

(Language of the case: French)

(Language of the Case: Greek)

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 February 2003 by Société
Provençale d’Achat et de Gestion (SPAG), established in
Marseilles, France, represented by K. Manhaeve, lawyer, with
an address for service in Luxembourg. F. Dann and A. Backer,
Frankfurt am Main, Germany, were also parties to the proceed-
ings before the Board of Appeal.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 February 2003 by Olimpiaki
Aeroporia A.E. (Olympic Airways), whose seat is at 96-100
Leoforos Singrou, 11741 Athens, Greece, represented by Denis
Waelbroek, Efthimios Bourtzalas, Julian Ellison, Matthew Hall,
Andreas Kalogeropoulos, Kharis Tagaras and Aristidis Khiote-
lis, lawyers.