Case T-262/05: Action brought on 18 July 2005 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), special chemicals, trade-mark law

3.9.2005

EN

Official Journal of the European Union

C 217/53

Pleas in law and main arguments

The present action is brought against Commission Decision
2005/354/EC of 29 April 2005 excluding from Community
financing certain expenditure incurred by the Member States
the European Agricultural
under the Guarantee Section of
Guidance and Guarantee Fund (EAGGF). The aspects of that
decision which are specifically challenged are as follows:

— imposition of a correction of 100 % of the expenditure
declared in production aid for textile flax in the financial
years 1998/1999 and 1999/2000. The applicant claims
that the irregularities which would justify the imposition of
that correction do not exist, since:

— the correction of 100 % of the expenditure is of an
exceptional nature which the Commission has not justi-
fied;

— the OLAF report on which the Commission relies
suffers from significant technical defects which make it
impossible to extend its findings to the entire flax sector
in Spain;

corresponding to the financial years 1996/1997 and
1997/1998 respectively. On that point,
the applicant
claims, by way of breach of an essential procedural require-
failure to fulfil the obligation to hold a bilateral
ment,
meeting with the Member State concerned. In the alterna-
tive, the applicant also claims:

— that there was no failure to fulfil an obligation which
would justify the imposition of the correction applied,
since that correction is based on failure to comply with
the objectives underlying the common organisation of
the markets in flax and hemp, and also an unwarranted
comparison between the situation in the flax sector and
the situation in the hemp sector; and

— inadequate justification for the increase in the percen-
tage of the correction between the financial years 1997
and 1998 and those of 1999 and 2000.

— Imposition, as regards the compensatory aid for bananas, of
a correction of 5 % of the expenditure corresponding to the
financial year 2000. In relation to this part of the applica-
tion,
irregularities
which would justify the imposition of a correction percen-
tage.

the applicant denies the existence of

— the Commission has not taken into account the activ-

ities of the Spanish authorities in that sphere; and

(1) OJ L 112 of 3.5.2005, p. 14

— the Commission has not sufficiently justified the general
scope of the loss sustained by the Community budget as
a result of the irregularities present in the system for the
administration of aid for textile flax.

— Imposition of a correction of 25 % of

the expenditure
declared in production aid for textile flax in the financial
years 1996/1997 and 1997/1998. In that regard, the appli-
cant claims:

— breach of essential procedural requirements during the
procedure which led to the adoption of the financial
correction, as that correction was applied without the
Member State having had the opportunity to provide
the information sought by the Commission before the
bilateral meeting was held; and, in the alternative,

— absence of irregularities which would justify the finan-
cial correction made, since that correction cannot be
based on failure to comply with the objectives under-
lying the common organisation of the markets in flax
and hemp, when the Commission itself recognises that
all the procedural conditions for the grant of the aid
were fulfilled.

— Imposition, as regards production aid for hemp, of one
correction of 10 % and another of 25 % of the expenditure

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-262/05)

(2005/C 217/110)

(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 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.

C 217/54

EN

Official Journal of the European Union

3.9.2005

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
OHIM of 1 June 2005 (Case R 1184/2004-1) in so far as it
finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

— annul the decision of the First Board of Appeal of the
OHIM of 3 May 2005 (Case R 845/2004-1) in so far as it
finds that the mark does not satisfy the conditions laid
down in Article 7(1)(b) of Regulation No 40/94;

— order the OHIM to pay the costs.

— order the OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a green six petalled floral
design for
in class 3
goods
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 683 168

substances

Community trade mark
concerned:

three

The
dimensional mark
consisting of a square white tablet
showing a lilac four petalled floral
design for
in class 3
goods
(Washing and bleaching prepara-
tions and other
for
laundry use; preparations for the
washing cleaning and care of
dishes; soaps;...) — application No
1 683 713

substances

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

Violation of Article 7(1)(b) of
Council Regulation No 40/94.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refusal of the application

the Board

Dismissal of the appeal

Violation of Article 7(1)(b) of
Council Regulation No 40/94.

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Action brought on 18 July 2005 by The Procter & Gamble
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-263/05)

(2005/C 217/111)

(Case T-264/05)

(2005/C 217/112)

(Language of the case: English)

(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 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.

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 18
July 2005 by The Procter & Gamble Company, established in
Cincinnati, Ohio (USA), represented by G. Kuipers, lawyer, with
an address for service in Luxembourg.