Judgment of the Court of First Instance of 3 December 2003 in Case T-16/02: Audi AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Absolute grounds for refusal — Descriptive mark — Distinctive character acquired through use — Word mark TDI — Right to be heard — Scope of the duty to state reasons — Consequences of a breach of the duty to state reasons)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade mark, trade-mark law

C 71/24

EN

Official Journal of the European Union

20.3.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 December 2003

of 3 December 2003

in Case T-208/01: Volkswagen Ag v Commission of the
European Communities (1)

(Competition — Distribution of motor
vehicle —
Article 81(1) EC Price agreement — Meaning of agreement
— Proof of the existence of an agreement)

in Case T-16/02: Audi AG v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Regulation (EC) No 40/94
— Absolute grounds for refusal — Descriptive mark —
Distinctive character acquired through use — Word mark
TDI — Right to be heard — Scope of the duty to state
reasons — Consequences of a breach of the duty to state
reasons)

(2004/C 71/42)

(Language of the case: German)

(2004/C 71/43)

(Language of the case: German)

In Case T-208/01, Volkswagen AG, established in Wolfsburg
(Germany), represented by R. Bechtold, lawyer, v Commission
of the European Communities (Agent: W. Mölls): Application
for annulment of Commission Decision 2001/711/EC of
29 June 2001 relating to a proceeding under Article 81 of the
EC Treaty (Case COMP/F-2/36.693 Volkswagen) (OJ 2001
L 262, p. 14) or, in the alternative, reduction of the amount of
the fine imposed on the applicant, the Court of First Instance
(Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi
and M. Vilaras, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 3 December 2003,
in
which it:

In Case T-16/02, Audi AG, established in Ingolstadt (Germany),
represented by L. von Zumbusch, lawyer, v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action
against the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 8 November 2001 (Case R 652/2000-1), as
rectified by decision of 19 November 2001, on the application
for registration of the word mark TDI as a Community trade
mark, the Court of First Instance (Second Chamber), composed
of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 3 December 2003, in which it:

1. Dismisses the action;

1. Annuls Commission Decision 2001/711/EC of 29 June 2001
relating to a proceeding under Article 81 of the EC Treaty
(Case COMP/F-2/36.693 — Volkswagen);

2. Orders the applicant to bear three quarters of its own costs
and pay three quarters of those incurred by the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs);

2. Orders the Commission to pay the costs.

3. Orders the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) to bear one quarter of its own costs
and pay one quarter of those incurred by the applicant.

(1) OJ C 331 of 24.11.2001.

(1) OJ C 97 of 20.4.2002.