Case T-384/04: Action brought on 22 September 2004 by RB Square Holdings Spain S.L. against the Office for Harmonisation in the Internal Market
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cleaning industry, trade-mark law

4.12.2004

EN

Official Journal of the European Union

C 300/47

Concerning the Commission's refusal to grant access to the
costs of the construction items the applicant submits that the
Commission mistakenly considered that this application did not
constitute an application for access to documents and thus
violated Articles 7 and 8 of Regulation 1049/2001.

Finally, the applicant invokes a manifest lack of good faith and
a violation of the principle of good administration by the
Commission, which failed to indicate, in its contested decision,
when it expected to be in possession of the sub-contracts.

Trade mark or
asserted
opposition:

by way

sign
of

national word and figurative mark
‘CLEN’

Decision of the Opposi-
tion Division:

rejection of notice of opposition

Decision of
of the Appeal:

the Board

dismissal of the appeal

(1) OJ L 145 of 31.5.2001, p. 43 - 48.
(2) OJ L 345 of 29.12.2001, p. 94 - 98.

Pleas in law:

application of Article
incorrect
8(1)(b) of Regulation (EC) No
40/94 (1)

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

Community trade mark – OJ L 11, 14.01.1994, pp. 1-36

Action brought on 22 September 2004 by RB Square
Holdings Spain S.L. against the Office for Harmonisation
in the Internal Market

(Case T-384/04)

(2004/C 300/91)

Action brought on 23 September 2004 by the Federal
Republic of Germany against the Commission of the Euro-
pean Communities

(Language in which the application was drafted: French)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 22 September 2004 by RB Square
Holdings Spain S.L., established in Barcelona (Spain), repre-
sented by K. Manhaeve, lawyer, with an address for service in
Luxembourg.

Unelko N.V. was also a party to the proceedings before the
Fourth Board of Appeal.

The applicant claims that the Court should:

— annul Decision R 652/2002-4 of

the Fourth Board of

Appeal of the Office

(Case T-389/04)

(2004/C 300/92)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 23 September 2004 by the Federal
Republic of Germany, represented by C.-D. Quassowski, acting
as Agent, and G. Quardt, lawyer.

— order the Office to pay all the costs.

The applicant claims that the Court should:

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

Unelko N.V.

Community trade mark
concerned:

figurative mark ‘clean x’ — Appli-
filed for
cation No 222 471,
goods
in Class 3 (bleaching
preparations, etc.)

Proprietor of the mark
or sign asserted by way
of opposition in the
opposition proceedings:

the applicant

— annul Commission Decision C(2004)2641 of 14 July 2004
on restructuring aid for MobilCom, insofar as the Commis-
sion thereby requires Germany to ensure that MobilCom
and all companies in its group close their Online-Shops for
the direct online sale of MobilCom mobile telephone
contracts for the period of seven months, that for that
period of closure of the Online-Shops the direct online sale
of MobilCom mobile telephone contracts via the MobilCom
Shops website is also discontinued, that MobilCom and
companies in its group take no other steps to circumvent
those conditions and that clients are not transferred directly
via an automatic link on the relevant website to a sales
partner;

— order the Commission to pay the costs.