Case T-400/07: Action brought on 5 November 2007 — GretagMacbeth v OHIM (Coloured squares)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

22.12.2007

EN

Official Journal of the European Union

C 315/43

Action brought on 31 October 2007 — Basell Polyolefine v
Commission

account of the Commission's failure to fulfil its duty to examine
every document specifically and individually.

(Case T-399/07)

(2007/C 315/81)

Language of the case: German

(1) Regulation (EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ 2001 L 145,
p. 43).

Parties

Applicant: Basell Polyolefine GmbH (Wesselig, Germany) (repre-
sented by: D. Seeliger, E. Wagner and I. Liebach, lawyers)

Action brought on 5 November 2007 — GretagMacbeth v
OHIM (Coloured squares)

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission Decision of 23 August 2007;

— in the alternative, annul

the Commission Decision of
23 August 2007 in so far as it also refuses partial access to
documents;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant challenges the Commission Decision of 23 August
2007, by which the Commission refuses its application for
access to Commission documents concerning the decision in
Case COMP/E-2/37.857 — Organic peroxides.

The applicant alleges, first of all, breach of Article 2(1) of Regu-
lation (EC) No 1049/2001 (1). The applicant takes the view that,
as a legal person with its seat in a Member State, it has a right
to access to Commission documents and that this right under
Article 2(3) of Regulation No 1049/2001 is also applicable to
the documents requested in the context of a cartel investigation.

The applicant also alleges breach of the first and third indents
of Article 4(2) of Regulation No 1049/2001, on the ground
that no commercial interests that objectively warrant protection
would be adversely affected by access to the documents and
currently no investigation into the cartel proceedings in ques-
tion is taking place. Furthermore, it is submitted in this connec-
tion that there is an overriding public interest in the disclosure
of the documents applied for.

Furthermore the refusal of access to the documents applied for
also infringes Article 255 EC. The decision is also in breach of
Article 6(2) EU in conjunction with Article 42 of the EU Charter
of Fundamental Rights.

The applicant also alleges breach of Article 4(6) in conjunction
with Article 4(2) of Regulation No 1049/2001, on the ground
that it at least has a right to partial access to the documents
applied for. Finally, these provisions have also been breached on

(Case T-400/07)

(2007/C 315/82)

Language of the case: German

Parties

Applicant: GretagMacbeth LLC (New Windsor, United States of
America) (represented by: J. Weiser, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office
Internal Market of
30 August 2007 in Case R 30/2007-4 concerning Com-
munity trade mark application No 4 634 572;

for Harmonisation in the

— Order the Office for Harmonisation in the Internal Market

to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The colour mark ‘coloured
squares’ in respect of goods and services in Classes 9, 16 and
42 (application No 4 634 572).

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), since the mark applied for was deemed incorrectly
not to have any distinctive character in respect of the goods and
services covered.

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

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