Judgment of the Court of First Instance of 12 March 2003 in Case T-174/01: Jean M. Goulbourn v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for Community word mark Silk Cocoon — Earlier word mark COCOON — Proof of genuine use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 — Right to be heard)
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 124/18

EN

Official Journal of the European Union

24.5.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the Commission to bear its own costs and to pay half of

the applicants’ costs;

of 19 March 2003

4. Orders the applicants to bear half of their own costs.

in Case T-213/00: CMA CGM and Others v Commission
of the European Communities (1)

(1) OJ C 316 of 4.11.2000.

(Competition — Agreement between members of a liner
conference and independent shipping companies — Charges
and surcharges — Legal basis — Ryegulation (EEC)
No 4056/86 — Regulation (EEC) No 1017/68 — Relevant
market — Proof of infringement — Limitation period —
Fine)

(2003/C 124/30)

(Language of the case: English)

In Case T-213/00: CMA CGM, established in Marseilles
(France), Cho Yang Shipping Co. Ltd, established in Seoul
(South Korea), Evergreen Marine Corp. Ltd, established in
Taipei (Taiwan), Hanjin Shipping Co. Ltd, established in Taipei,
Hapag-Lloyd Container Linie GmbH, established in Seoul,
Kawasaki Kisen Kaisha Ltd, established in Tokyo (Japan),
Malaysia International Shipping Corporation Berhad, estab-
lished in Kuala Lumpur (Malaysia), Mitsui OSK Lines Ltd,
established in Tokyo, Neptune Orient Lines Ltd, established in
Singapore (Singapore), Nippon Yusen Kaisha, established in
Tokyo, Orient Overseas Container Line Ltd, established in
Wanchai (Hong Kong), P & O Nedlloyd Container Line Ltd,
established in London, Senator Lines GmbH, successor in
title to DSR-Senator Lines GmbH, established in Bremen
(Germany), Yangming Marine Transport Corp., established in
Taipei, represented initially by J. Pheasant, C. Barlen, M. Levitt,
D. Waelbroeck and U. Zinsmeister, and subsequently by
J. Pheasant, M. Levitt, D. Waelbroeck and U. Zinsmeister,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities (Agents:
initially P.
Oliver and E. Gippini Fournier, and, subsequently, M. Oliver):
Application for the annulment of Commission Decision 2000/
627/EC of 16 May 2000 relating to a proceeding pursuant to
Article 81 of the EC Treaty (IV/34.018 — Far East Trade Tariff
Charges and Surcharges Agreement (FETTCSA)
(OJ 2000
L 268, p. 1), the Court of First Instance (Third Chamber),
composed of: M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 19 March 2003, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 March 2003

in Case T-174/01: Jean M. Goulbourn v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition procedure — Appli-
cation for Community word mark Silk Cocoon — Earlier
word mark COCOON — Proof of genuine use of earlier
mark — Article 43(2) and (3) of Regulation (EC) No 40/94
— Right to be heard)

(2003/C 124/31)

(Language of the case: German)

In Case T-174/01: Jean M. Goulbourn, residing at Dasmarinas
Village, Makati, Metro Manila (Philippines), represented by
S. Jackermeier,
lawyer, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent: G.
Schneider), the other party before the Court being Redcats SA,
established in Roubaix (France), represented by A. Bertrand
and T. Reisch, lawyers: Action brought against the decision of
the Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 25 April
2001 in Case R 641/2000-3 relating to an opposition
procedure between Redcats SA and Jean M. Goulbourn, the
Court of First
Instance (Second Chamber), composed of:
R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij,
Judges, Registrar: D. Christensen, Administrator, has given a
judgment on 12 March 2003, in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 25 April 2001 (Case R 641/2000-3);

1. Annuls Article 4 of Commission Decision 2000/627/EC of
16 May 2000 relating to a proceeding pursuant to Article 81
of the EC Treaty (IV/34.018 — Far East Trade Tariff Charges
and Surcharges Agreement (FETTCSA);

2. Orders the Office to pay the costs.

(1) OJ C 317 of 10.11.2001.

2. Dismisses the remainder of the action;