Case T-378/03: Action brought on 18 November 2003 by Musée Grevin against the Commission of the European Communities
Date: 2004-01-24
Institutions: Court of First Instance
Subjects: EU financing, European Commission, France, Poland, action for annulment (EU), joint venture, museum

C 21/40

EN

Official Journal of the European Union

24.1.2004

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision given by the Fourth Board of Appeal
of the defendant on 16 July 2003 in Case R 339/2002-4;

— join this action to Case T-314/03 for the purposes of the

written procedure and the oral procedure;

— order the defendant to pay the costs.

Pleas in law and main arguments

— annul

the decision of

the European Commission of
30 September 2003 requiring Musée Grevin to reimburse
the sums allegedly wrongly paid to it;

Applicant
munity trade mark:

for

Com-

ATI Technologies Inc.

— order the European Commission to pay all of the costs.

Community trade mark Word mark ‘ATI’ — Application
No 362 863 lodged in respect of
sought:
goods and services in Class 9
(electronic components etc.).

Pleas in law and main arguments

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

Asociación
Informatica — ATI.

de

Técnicos

de

The applicant received grants from the Commission within the
framework of a project to create a joint venture with a Polish
undertaking. By decision of 8 July 2003, the Commission
sought repayment of the sums paid to the applicant.

Mark or sign cited in
opposition:

Graphic mark ‘ati’ registered in
respect of services in Class 42.

Decision of the Oppo-
sition Division:

Refusal of
registration.

the application for

Decision of the Board of
Appeal:

Dismissal of the appeal.

Pleas in law:

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

Action brought on 18 November 2003 by Musée Grevin
against the Commission of the European Communities

(Case T-378/03)

(2004/C 21/83)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 November 2003 by Musée
Grevin, having its registered office in Paris, represented by
Bernard Geneste and Olivia Davidson, lawyers.

The applicant brought proceedings challenging that decision
(Case T-314/03, OJ 2003 C 275, p. 49). At the same time, the
applicant submitted documents to the Commission fully
substantiating the proper use of the Community funds, and
asked it to reconsider its decision. In the decision contested in
this case, the Commission confirmed its decision of 8 July
2003.

In support of its application, the applicant alleges, first, a
breach of Regulation No 1 (1), in that the contested decision
was written in English and not in French. It also alleges a
failure to respect the limitation period of four years laid down
in Article 3 of Council Regulation No 2988/95 (2). The
applicant alleges moreover a breach of
the principle of
collegiate responsibility and that the person who signed the
contested decision lacked competence.

The applicant also alleges that the decision lacks any legal
basis, contains a manifest error of assessment, fails to satisfy
the obligation to state reasons and, lastly, is in breach of the
principle of proportionality.

(1) Council Regulation No 1 determining the languages to be used by
the European Economic Community (OJ, English Special Edition
1952-1958, p. 59).

(2) Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities’ financial
interests (OJ 1995 L 312, pp. 1-4).