Case T-239/03: Action brought on 13 June 2003 by Paul O'Neill against the Commission of the European Communities
Date: 2003-10-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), carrying capacity, fishing vessel, maritime safety

4.10.2003

EN

Official Journal of the European Union

C 239/17

Action brought on 13 June 2003 by Eileen Oglesby
against the Commission of the European Communities

The applicant claims that the Court should:

(Case T-237/03)

(2003/C 239/32)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 June 2003 by Eileen Oglesby,
Kincasslagh, (Ireland), represented by P. Gallagher and A. Col-
lins, Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application for a proposed new RSW vessel to
replace the MFV Neptune;

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

( 1) See p. 9 of this Official Journal.

Action brought on 13 June 2003 by Patrick O’Malley
against the Commission of the European Communities

(Case T-238/03)

(2003/C 239/33)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 June 2003 by Patrick O’Malley,
Galway, (Ireland), represented by P. Gallagher and A. Collins,
Barristers, and D. Barry, Solicitor.

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application for a proposed new RSW vessel An
Capall Oir to replace the MFV An Capall Ban;

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

(1) See p. 9 of this Official Journal.

Action brought on 13 June 2003 by Paul O’Neill against
the Commission of the European Communities

(Case T-239/03)

(2003/C 239/34)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 June 2003 by Paul O’Neill,
Killybegs, (Ireland), represented by P. Gallagher and A. Collins,
Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application for a proposed new RSW vessel, the
MFV Paraclete;

— order the Commission to pay the costs of these proceed-

ings.

C 239/18

EN

Official Journal of the European Union

4.10.2003

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

( 1) See p. 9 of this Official Journal.

Action brought on 30 June 2003 by Société des Produits
Nestlé S.A. against the Office for Harmonisation in the
Internal Market

(Case T-248/03)

(2003/C 239/36)

Action brought on 13 June 2003 by Cecil Sharkey against
the Commission of the European Communities

(Case T-240/03)

(2003/C 239/35)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

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
30 June 2003 by Société des Produits Nestlé S.A., Vevey,
Switzerland, represented by Mr J. Evrard, lawyer.

(Language of the case: English)

Grupo Kalise Menorquina, S.A. was also a party to the
proceedings 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 13 June 2003 by Cecil Sharkey,
Clogherhead, (Ireland), represented by P. Gallagher and A.
Collins, Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application in respect of the MFV Endurance;

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

( 1) See p. 9 of this Official Journal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of

28 April 2003;

— order for payment of all costs of the proceedings against

the OHIM.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Société des Produits Nestlé S.A.

The figurative mark ‘POLO POLO’
(application No 803429)
for
goods in class 30 (a.o. cocoa and
preparations having a base of
cocoa, chocolate products, con-
fectionery, sweets, sugar, chewing
gum).

Grupo Kalise Menorquina S.A.

The Spanish national word mark
‘POLOS’
for goods in the old
Spanish class 7 (a.o. ice creams,
cocoas, chocolate products, cara-
mels, general confectionery prod-
ucts).