Case T-49/05: Action brought on 31 January 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

30.4.2005

EN

Official Journal of the European Union

C 106/27

Action brought on 31 January 2005 by Reckitt Benckiser
N.V. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Action brought on 28 January 2005 by European
Dynamics SA against the Commission of the European
Communities

(Case T-49/05)

(2005/C 106/59)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 31
January 2005 by Reckitt Benckiser N.V., established in Hoofd-
dorp (the Netherlands) represented by G.S.P. Vos, lawyer.

The applicant claims that the Court should:

— annul the decision adopted on 11 November 2004 by the
Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs);

— allow registration

of

the Community

trade mark

2 792 554;

— order the Office for Harmonisation in the Internal Market

to pay the costs.

Pleas in law and main arguments

Community trade mark
concerned:

the shape of

three-dimensional

mark
A
consisting of
the
product being a rectangular tablet
consisting of a blue top layer with
red speckles and in it a sunken
shining mother of pearl ball and a
layer with green
lower white
in class 1
speckles,
(water
3
and
softeners
(laundry preparations etc.)

for goods

etc.)

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of registration

the Board

Dismissal of the appeal

Misapplication of Article 7(1)(b) of
Regulation (EC) No 40/94 (1)

Misapplication of Article 7(1)(c) of
Regulation (EC) No 40/94

(1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-

munity trade mark (OJ L 11, p. 1).

(Case T-50/05)

(2005/C 106/60)

(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 28 January 2005 by European
Dynamics SA, established in Athens (Greece), represented by N.
Korogiannakis, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission (DG TAXUD), to
evaluate the applicant's bid as not successful and award the
contract to the successful contractor;

— order the Commission to pay the applicant's legal costs and
other costs and expenses incurred in connection with the
application, even if the application is rejected.

Pleas in law and main arguments

The applicant company filed a bid in response to the Commis-
sion's call for tenders TAXUD/2004/AO-004 for the specifica-
tion, development, maintenance and support of
telematic
systems to control the movements of products subject to excise
duty within the European Community. By the contested deci-
sion this bid was rejected and the contract awarded to another
bidder.

In support of its application for annulment of that decision the
applicant claims first of all that the Commission violated the
principle of non-discrimination and of free competition. The
unavailability of exact specifications for the EMCS system
prevented tenderers
from presenting their expertise in a
targeted manner in the specific areas that were important for
the project. The access
to privileged information by the
previous and current contractors constituted a major and exclu-
sive advantage for them. The applicant claims that its timely
request for equal access rights to such applications and docu-
mentation should have been accepted. According to the appli-
cant, even though the Commission had the opportunity to
remedy this situation it did not take appropriate measures to
do so.