Case T-400/04: Action brought on 1 October 2004 by Arch Chemicals, Inc., and Arch Timber Protection Limited against the Commission of the European Communities
Date: 2004-10-01
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, United States, action for failure to act, application of EU law, chemical industry, data protection, environmental protection, marketing standard

22.1.2005

EN

Official Journal of the European Union

C 19/27

The applicant claims that the Court should:

— annul Decision R 771/1999-2 of

the Second Board of
Appeal of the Office for Harmonisation in the Internal
Market of 4 August 2004 relating to Community trade
mark application No 941 971 and served on the applicant
on 9 August 2004;

— order the Office to pay the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

The applicant.

Figurative mark in the form of a
dual-layered/dual-coloured
(red/
white) dishwasher tablet with an
oval blue centre for goods
in
Classes 1 (chemicals for use in
industry), 3 (soaps etc.) and 21
– Application
(sponges
No 941 971.

etc.)

the exam-

Refusal to register.

European Communities on 1 October 2004 by Arch Chemicals
Inc., Norwalk, Connecticut, USA and Arch Timber Protection
Limited, Castleford, United Kingdom represented by K. Van
Maldegem and C. Mereu, lawyers.

The applicants claim that the Court should:

— Order the defendant to respond to the applicants' request;

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

— Order the defendant to compensate the applicants in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicants, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable
interests, pending the exact calculation and determination
of the exact amount;

— Order the defendant to pay all costs and expenses in these

proceedings.

the Board

Dismissal of the appeal.

Pleas in law and main arguments

Infringement of Article 7(1)(b) of
Regulation No 40/94 (1). Misuse of
powers.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 1 October 2004 by Arch Chemicals,
Inc., and Arch Timber Protection Limited against the
Commission of the European Communities

(Case T-400/04)

(2005/C 19/58)

(Language of the case: English)

in the review of

The applicants produce and sell biocide active substances and
biocidal products. They notified several substances and are a
these substances organised by
participant
Directive 98/8/EC (1)
concerning the placing of biocidal
products on the market, Regulation 1896/2000 (2) on the first
phase of the programme referred to in Article 16(2) of Direc-
tive 98/8/EC and Regulation 2032/2003 (3) establishing the
second phase of the programme referred to in Article 16(2) of
Directive 98/8/EC.

in the review were breached,

Because, according to the applicants, their rights and expecta-
tions as a participant
they
requested the defendant to adopt specific measures to remedy
the alleged illegalities. The applicants claim that Regulation
1896/2000 and Regulation 2032/2003 adversely affect their
data protection rights granted by Directive 98/8/EC. The appli-
cants also submit
the regulations allow evaluators to
conduct a comparative assessment between active substances,
give predominance to hazard based assessments instead of risk
assessment and allows taking into account data submitted by
third parties.

that

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

The applicants claim in the first place that the defendant failed
to define its position and did not adopt the necessary measures.
In the alternative, they claim that the letter of the defendant
rejecting the applicants' request should be annulled.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

C 19/28

EN

Official Journal of the European Union

22.1.2005

In support of their application, the applicants submit that the
Commission has breached its legal responsibility to implement
Directive 98/8/EC in accordance with the EC Treaty and the
text of the directive itself, its obligations to respect the legal
rights and expectations of participants, like the applicants and
its duty to ensure, in accordance with the principles of sound
administration, that the implementation by the Member States
complies with the EC Treaty and the directive.

(1) Directive 98/8/EC of the European Parliament and of the Council of
16 February 1998 concerning theplacing of biocidal products on
the market (OJ L 123, p. 1)

(2) Commission Regulation (EC) No 1896/2000 of 7 September 2000
on the first phase of the programme referred to in Article 16(2) of
Directive 98/8/EC of the European Parliament and of the Council
on biocidal products (OJ L 228, p. 6)

(3) Commission Regulation (EC) No 2032/2003 of 4 November 2003
on the second phase of the 10-year work programme referred to in
Article 16(2) of Directive 98/8/EC of the European Parliament and
of the Council concerning the placing of biocidal products on the
market, and amending Regulation (EC) No 1896/2000 (OJ L 307, p.
1)

Action brought on 1 October 2004 by Bactria Industriehy-
giene-Service Verwaltungs GmbH against the Commission
of the European Communities

(Case T-401/04)

(2005/C 19/59)

interests, pending the exact calculation and determination
of the exact amount;

— Order the defendant to pay all costs and expenses in these

proceedings.

Pleas in law and main arguments

The pleas in law invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.

Action brought on 1 October 2004 by Rhodia Consumer
Specialties Limited against the Commission of the Euro-
pean communities

(Case T-402/04)

(2005/C 19/60)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 October 2004 by Rhodia
Consumer Specialties Limited,Watford, United Kingdom, repre-
sented by K. Van Maldegem and C. Mereu, lawyers.

The applicant claims that the Court should:

(Language of the case: English)

— Order the defendant to respond to the applicant's request;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 October 2004 by Bactria Indus-
triehygiene-Service Verwaltungs GmbH, Kirchheimboladen,
Germany, represented by K. Van Maldegem and C. Mereu,
lawyers.

The applicant claims that the Court should:

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable
interests, pending the exact calculation and determination
of the exact amount;

— Order the defendant to pay all costs and expenses in these

— Order the defendant to respond to the applicant's request;

proceedings.

— Or, in the alternative, order the annulment of the European

Commission's act D 341571(04);

Pleas in law and main arguments

— Order the defendant to compensate the applicant in the
provisional amount of 1 euro for damages suffered as a
result of the defendant's failure to comply with its obliga-
tions under Community law by failing to respond to the
applicant, or, in the alternative, as a result of the European
Commission's act D 341571(04), as well as any applicable

The pleas in law invoked are similar to those invoked in Case
T-400/04, Arch Chemicals and Arch Timber Protection/
Commission.