Case T-158/03: Action brought on 9 May 2003 by Industrias Químicas del Vallés, S.A. against Commission of the European Communities
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), dangerous substance, pharmaceutical product, plant health product, withdrawal from the market

5.7.2003

EN

Official Journal of the European Union

C 158/27

The applicant claims that the Court should:

— annul the Contested Decision in whole or in part,

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

The applicant

— order the Commission to pay the costs of this Case and

of Case T-276/02.

Mark or sign cited in Word mark ‘ARTEX’ registered in
France, Portugal and the Benelux
opposition:
for goods in Class 5

Pleas in law and main arguments

The applicant in the present case is the same association as in
case T-276/02, Forum against Commission (1). The applicant
challenges the final decision relating to the same Belgian State
Aid measure which was, as far as the decision to open the
procedure as foreseen by Article 88(2) of the Treaty was
involved, the object of that case. The grounds and main
arguments are those submitted in that aforementioned case.

( 1) OJEC C 289, 23.11.02, p. 28.

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Opposition upheld

Annulment of the decision of the
Opposition Division and dis-
missal of the appeal

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94 (like-
lihood of confusion)

Action brought on 2 May 2003 by Biofarma against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-154/03)

(2003/C 158/49)

(Language of the case: Spanish)

An action against the 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
2 May 2003 by Biofarma, represented by Antonia Ruiz López
and Víctor Gil Vega, lawyers.

Action brought on 9 May 2003 by Industrias Químicas
del Vallés, S.A. against Commission of the European
Communities

(Case T-158/03)

(2003/C 158/50)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 9 May 2003 by Industrias Quí-
micas del Vallés, S.A., whose registered office is in Mollet del
Vallés (Barcelona, Spain), represented by Cani Fernández
Vicién, Paloma González-Espejo and Julio Sabater Marotias,
lawyers.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul Commission Decision 2003/308/EC of 2 May

— annul the decision of the OHIM (Third Board of Appeal)
of 5 February 2003 and declare that there is a likelihood
of confusion between the trade marks ARTEX and
ALREX, which designate similar goods.

— order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Bausch & Lomb Pharmaceuticals
Inc.

Community trade mark Word mark ‘ALREX’ — Appli-
cation No 789461 for goods in
sought:
Class 5 (ophthalmological prod-
ucts)

2003,

— order the European Commission to pay all the costs,
including those incurred for the purposes of making an
application for interim relief.

Pleas in law and main arguments

This action is directed against Commission Decision 2003/
308/EC of 2 May 2003 concerning the non-inclusion of
metalaxyl in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant-protection products
containing this active substance (1).

In support of its claims, the applicant company relies on the
following pleas in law and main arguments:

C 158/28

EN

Official Journal of the European Union

5.7.2003

— Infringement of Directive 91/414 (2) and Regulation
No 3600/92 (3), in so far as the Commission requires that
each of the notifying parties submit a complete dossier
when presenting a notification collectively with other
notifiers of active substances and send such complete
dossier to the defendant within the time-limit referred to
in Article 6(1) of Regulation No 3600/92. It is also
contrary to that provision for the defendant institution to
assume that the applicant is not able to submit data
relating to the evaluation of metalaxyl. The applicant
company therefore takes the view that the contested
decision contradicts the interpretation made by the
Commission itself concerning use of the studies provided
by Syngenta in the drawing up of the report by the
rapporteur Member State.

— Infringement of the principle of proportionality. In this
regard, the applicant would point out, in particular, the
fact that the effect of the contested decision consists in
excluding it from the European market when its scientific
analysis has not even been completed.

— Misuse of powers, inasmuch as, in the applicant’s view,
the purpose of the Commission is none other than to
favour an undertaking which is its direct competitor.

( 1) OJ 2003 L 113, p. 8.
( 2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ 1991
L 230, p. 1).

( 3) Commission Regulation (EEC) No 3600/92 of 11 December 1992
laying down the detailed rules for the implementation of the first
stage of the programme of work referred to in Article 8 (2) of
Council Directive 91/414/EEC concerning the placing of plant
protection products on the market (OJ 1992 L 366, p. 10).

Removal from the register of Case T-297/00 (1)

(2003/C 158/51)

(Language of the case: French)

By order of 2 April 2003 the President of the First Chamber,
Extended Composition, of the Court of First Instance of the
European Communities ordered the removal from the register
of Case T-297/00: Company Claude-Anne de Solène v Council
of the European Union and Commission of the European
Communities.

(1) OJ C 355, 09.12.2000.

Removal from the register of Case T-159/01 (1)

(2003/C 158/52)

(Language of the case: French)

By order of 31 March 2003 the Court of First Instance of the
European Communities (Sole Judge: R. M. Moura Ramos)
ordered the removal
from the register of Case T-159/01:
Christopher Wilkinson v Commission of the European Com-
munities.

(1) OJ C 275, 29.09.2001.