do-me/EUR-LEX huggingface dataset:
Case T-318/03: Action brought on 15 September 2003 by ATOMIC Austria GmbH against the Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sports equipment, toy industry, trade-mark law

13.12.2003

EN

Official Journal of the European Union

C 304/31

Action brought on 15 September 2003 by ATOMIC
Austria GmbH against the Office for Harmonisation in
the Internal Market (Trade marks and Designs) (OHIM)

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

Pleas in law:

(Case T-318/03)

(2003/C 304/57)

(Language of the case: German)

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
15 September 2003 by ATOMIC Austria GmbH, represented
by G. Kucsko, lawyer. Fabricas Agrupadas de Muñecas de Onil
S.A., Alicante (Spain) was also a party to the proceedings
before the Board of Appeal.

The applicant claims that the Court should:

— annul the Decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market of 9 July
2003 relating to opposition procedure No B 442 873;

— order the Office for Harmonisation in the Internal Mark

to reimburse the costs.

Pleas in law and main arguments

— the decision is

incorrect
because the Board of Appeal
did not
the
Opposition Division for fail-
ing to take account of all the
evidence adduced;

find against

— in

the

alternative,

the
decision is incorrect because
the Board failed to find that
the Opposition Division’s
failure to draw the appli-
cant’s attention to the miss-
ing documents contrary to
Rule 20(2) of Regulation
(EC) No 2868/95 constituted
a procedural irregularity;

— in

the
alternative,
the
incorrect
was
decision
because the Board of Appeal
failed to hold that the Oppo-
sition Division’s failure to
point out the altered practice
was an infringement of the
principle of the protection of
legitimate expectations.

Applicant
munity trade mark:

for

Com-

Fabricas Agrupadas de Muñecas
de Onil S.A.

Action brought on 3 October 2003 by El Corte Inglés S.A.
against the Office for Harmonisation in the Internal
Market (OHIM)

Community trade mark Word mark ‘ATOMIC BLITZ’ for
goods
in Class 28 (including
sought:
games and playthings; gymnastic
and sporting articles not included
in other classes)

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

Mark or sign cited in
opposition:

The applicant

Austrian word mark ‘ATOMIC’
for inter alia goods in Class 28
(including sporting and gymnastic
articles and games)

Decision of the Oppo-
sition Division:

Rejection of the opposition

(Case T-342/03)

(2003/C 304/58)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 3 October 2003 by El Corte
Inglés, with its registered office in Madrid, represented by Juan
Luis Rivas Zurdo and Emilio López Leiva, lawyers.
Case C-460/03: Action brought on 31 October 2003 by the Commission of the European Communities against Ireland
Date: 2003-12-13
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, metal waste, vehicle, waste management, waste recycling

C 304/20

EN

Official Journal of the European Union

13.12.2003

Action brought on 31 October 2003 by the Commission
of the European Communities against Ireland

from the register of Case C-28/02: Commission of
European Communities v Kingdom of Spain.

the

(Case C-460/03)

(2003/C 304/29)

(1) OJ C 68 of 16.3.2002.

An action against Ireland was brought before the Court of
Justice of the European Communities on 31 October 2003 by
the Commission of the European Communities, represented
by X. Lewis and M. Konstantinidis, acting as agents, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/53/EC of the European Parliament and of
the Council of 18 September 2000 on end-of
life
vehicles (1), Ireland has failed to fulfil its obligations under
the directive and in particular its Article 10(1) and under
the Treaty establishing the European Community;

2)

order Ireland to pay the costs.

Removal from the register of Case C-162/02 (1)

(2003/C 304/32)

By order of 14 August 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-162/02: Commission of the
European Communities v Federal Republic of Germany.

(1) OJ C 156 of 29.6.2002.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 21 April 2002.

(2003/C 304/33)

Removal from the register of Case C-231/02 (1)

(1) OJ L 269, 21.10.2000, p. 34.

Removal from the register of Case C-379/01 (1)

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-231/02 (Reference for a preliminary
ruling by the Bundesvergabeamt): Neumayer Bau Ges.m.b.H v
Abwasserverband Grossraum Bruck an der Leitha.

(2003/C 304/30)

(1) OJ C 219 of 14.9.2002.

By order of 16 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-379/01 (Reference for a preliminary
ruling by the Bundesvergabeamt): Ortner GmbH v Allgemeine
Unfallversicherungsanstalt.

(1) OJ C 3 of 5.1.2002.

Removal from the register of Case C-28/02 (1)

(2003/C 304/31)

Removal from the register of Case C-380/02 (1)

(2003/C 304/34)

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-380/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Fantom Gebäudereinigung Gesellschaft GmbH v
Dornbirn.

By order of 1st August 2003 the President of the Court of
Justice of the European Communities ordered the removal

(1) OJ C 7 of 11.1.2003.
Removal from the register of Case C-162/02
Date: 2003-12-13
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, health control, horticulture, marketing, plant propagation, supervisory body

C 304/20

EN

Official Journal of the European Union

13.12.2003

Action brought on 31 October 2003 by the Commission
of the European Communities against Ireland

from the register of Case C-28/02: Commission of
European Communities v Kingdom of Spain.

the

(Case C-460/03)

(2003/C 304/29)

(1) OJ C 68 of 16.3.2002.

An action against Ireland was brought before the Court of
Justice of the European Communities on 31 October 2003 by
the Commission of the European Communities, represented
by X. Lewis and M. Konstantinidis, acting as agents, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/53/EC of the European Parliament and of
the Council of 18 September 2000 on end-of
life
vehicles (1), Ireland has failed to fulfil its obligations under
the directive and in particular its Article 10(1) and under
the Treaty establishing the European Community;

2)

order Ireland to pay the costs.

Removal from the register of Case C-162/02 (1)

(2003/C 304/32)

By order of 14 August 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-162/02: Commission of the
European Communities v Federal Republic of Germany.

(1) OJ C 156 of 29.6.2002.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 21 April 2002.

(2003/C 304/33)

Removal from the register of Case C-231/02 (1)

(1) OJ L 269, 21.10.2000, p. 34.

Removal from the register of Case C-379/01 (1)

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-231/02 (Reference for a preliminary
ruling by the Bundesvergabeamt): Neumayer Bau Ges.m.b.H v
Abwasserverband Grossraum Bruck an der Leitha.

(2003/C 304/30)

(1) OJ C 219 of 14.9.2002.

By order of 16 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-379/01 (Reference for a preliminary
ruling by the Bundesvergabeamt): Ortner GmbH v Allgemeine
Unfallversicherungsanstalt.

(1) OJ C 3 of 5.1.2002.

Removal from the register of Case C-28/02 (1)

(2003/C 304/31)

Removal from the register of Case C-380/02 (1)

(2003/C 304/34)

By order of 18 September 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-380/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Fantom Gebäudereinigung Gesellschaft GmbH v
Dornbirn.

By order of 1st August 2003 the President of the Court of
Justice of the European Communities ordered the removal

(1) OJ C 7 of 11.1.2003.