Action brought on 19 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law

17.4.2004

EN

Official Journal of the European Union

C 94/43

3) The obligation on the Jeunes agriculteurs to provide the Commis-
sion with a bank guarantee in order to avoid immediate enforce-
ment of
imposed on it by Article 3 of Decision
2003/600 is suspended on the following conditions:

the fines

a) within a period of three weeks from notification of this
order, the Jeunes agriculteurs shall pay the Commission
the sum of EUR 15 000 or, alternatively, provide a bank
guarantee of that amount;

b) within a period of five months from notification of this
order, the Jeunes agriculteurs shall pay the Commission
the balance of the fine still due, together with interest, or
provide a bank guarantee of that amount.

4) The suspension granted in paragraphs 2 and 3 of the operative
part of this order shall cease to have effect if the applicants do not
communicate to the Commission, within a period of six weeks
from notification of this order, the annual accounts of the Fédéra-
tion nationale bovine and the Jeunes agriculteurs for the 2001
and 2002 financial years, audited and certified by an audit firm
of international repute;

F3 — French beef) (OJ 2003 L 209, p. 12) inasmuch as it
imposed on the applicant a fine of EUR 720 000 and required
it to establish a bank guarantee as a condition of the non-enfor-
cement of that fine — the President of the Court of First
Instance, made an order on 21 January 2004, the operative
part of which is as follows:

1) The application for interim measures is dismissed;

2) The costs are reserved.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 February 2004

5) Until bank guarantees covering interest are established, the appli-

cants shall communicate to the Commission:

in Case T-394/03 R: Flavia Angeletti v Commission of the
European Communities

a) monthly, the main parameters relating to changes in
their
situation, which the
Commission shall define upon notification of this order;

economic and financial

b) prior to its adoption, any decision liable substantially to
affect their economic situation or intended to change
their legal status.

6) The costs are reserved.

(Procedure for interim relief — Urgency — None)

(2004/C 94/123)

(Language of the case: French)

In Case T-394/03 R: Flavia Angeletti, former official of the
Commission of the European Communities, represented by J.R.
Iturriagogoitia and K. Devolvé, lawyers, against Commission of
the European Communities (Agents: J. Currall and H. Kraemer)
— application for suspension of operation of the decision of
the Commission of 17 October 2003, as corrected on 27
October 2003 — the President of the Court of First Instance
made an order on 10 February 2004, the operative part of
which is as follows:

1. The application for interim relief is dismissed.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

2. The costs are reserved.

of 21 January 2004

in Case T-252/03 R Fédération nationale de l'industrie et
des commerces en gros des viandes (FNICGV) v Commis-
sion of the European Communities

(Interim proceedings — Competition — Payment of a fine
— Bank guarantee — Admissibility — Urgency — None)

(2004/C 94/122)

(Language of the case: French)

In Case T-252/03 R: Fédération nationale de l'industrie et des
commerces en gros des viandes (FNICGV), established in Paris
(France), represented by P. Abegg, lawyer, with an address for
service in Luxembourg, supported by the French Republic
(agents: G. de Bergues and F. Million), against Commission of
the European Communities (agents: P. Oliver and F. Lelièvre) –
application for suspension of operation of Commission Deci-
sion 2003/600/EC of 2 April 2003 relating to a proceeding
pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/

Action brought on 19 March 2003 by Mast-Jägermeister
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-103/03)

(2004/C 94/124)

(Language of the case to be determined pursuant to Article 131(2) of
the Rules of Procedure language in which the application was
submitted: 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 19
March
by Mast-Jägermeister AG, Wolfenbüttel
(Germany), represented by C. Drzymalla, lawyer. Licorera Zaca-
(Guatemala) was also a party to the
paneca S.A., Zacapa,
proceedings before the Board of Appeal.

2003

C 94/44

EN

Official Journal of the European Union

17.4.2004

The applicant claims that the Court should:

The applicant claims that the Court should:

— set aside the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 14 January 2003 (Case R 407/2002-
1);

— order the Office to pay the costs.

— annul the defendant's decisions of 24 February 2003, 28

April 2003, 20 May 2003 and 17 September 2003;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition:

Decision of the Opposi-
tion Division:

Decision of
of Appeal:

the Board

Pleas in law:

Licorera Zacapaneca S.A.

the figurative mark ‘VENADO’ for
goods in Classes 32 and 33 (inter
alia, mineral and aerated waters
and other non-alcoholic drinks,
rum, rum liqueurs and brandy) —
Application No 986976

the applicant

the figurative mark in the form of
a stag's head with a cross for
goods in Classes 18, 25, 32 and
33 (inter alia, umbrellas, clothing,
non-alcoholic beverages included
in Class 32, wines and spirits) —
Trade mark No 337337

rejection of the application

the opposition of the applicant for
the mark was allowed and the
objection of the applicant before
the Court dismissed

infringement of Article 73 of
Regulation (EC) No 40/94;
incorrect
application of Article
8(1)(b) of Regulation (EC) No
40/94;
incorrect appraisal of the similarity
of the marks;
failure to take into account
reputation of the objection mark.

the

Action brought on 16 December 2003 by Angelo Wille
against European Parliament

Pleas in law and main arguments:

the decisions of

The applicant challenges
the Parliament
refusing to admit him to competition EUR/A/167/02. The
refusal was based on the ground that the applicant had not
completed a period of at least two years' professional experi-
ence after qualifying as a lawyer.

The applicant claims that the refusal is unlawful, as his applica-
tion had complied with all time-limits and formal requirements,
and as he had also met all other relevant general and particular
conditions. He had completed his legal training and had the
necessary professional experience. The decisions were unlawful
because they were based on an erroneous interpretation by the
defendant of
It was
contrary to the wording of the notice and the prohibition on
discrimination on grounds of nationality under Article 12 EC
to treat university final examinations and the second state
examination [Staatsexamen] as being equivalent. No higher stan-
dards should be imposed on German lawyers than on graduates
from other Member States.

the conditions set out

in the notice.

Action brought on 29 December 2003 by Ulrike Eppe
against European Parliament

(Case T-439/03)

(2004/C 94/126)

(Language of the case: German)

An action against the European Parliament was brought against
the Court of First Instance of the European Communities on 29
December 2003 by Ulrike Eppe,
in Hanover
(Germany), represented by D. Rogalla, lawyer.

residing

The applicant claims that the Court should:

— annul the defendant's decisions of 24 February 2003, 28

April 2003 and 17 September 2003;

— order the defendant to pay the costs.

(Case T-412/03)

(2004/C 94/125)

Pleas in law and main arguments:

(Language of the case: German)

The pleas in law and arguments are similar to those raised in
Case T-412/03 (Wille v Parliament, not yet published).

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 16
December 2003 by Angelo Wille, residing in Brussels, repre-
sented by D. Rogalla, lawyer.