Source: EURLEX
Language: en
Format: md

16.3.2002 EN Official Journal of the European Communities C 68/11

**COURT OF FIRST INSTANCE**

**ORDER OF THE PRESIDENT OF THE COURT OF FIRST** European Communities on 10 December 2001 by Henkel
**INSTANCE** KGaA, represented by Mr Holger Wissel and Dr Christian
Osterrieth (Clifford Chance Pünder) of Düsseldorf (Germany).
**of 15 November 2001**

**in Case T-151/01 R: Der Grüne Punkt — Duales System** The applicant claims that the Court should:
**Deutschland AG v Commission of the European Com-**
**munities** — annul the decision of the Third Board of Appeal of the
OHIM of 12 September 2001 in appeal proceedings
_**(Interlocutory proceedings — Abuse of a dominant position**_ no. R 738/2000-3
_**— Article 82 EC — Trade-mark law — Prima facie case —**_
_**Urgency — Weighing of interests)**_ — order the defendant to pay the costs of the action

(2002/C 68/20)

_(Language of the case: German)_
_Pleas in law and main arguments_

In Case T-151/01 R: Der Grüne Punkt — Duales System
Deutschland AG, established in Cologne (Germany), represented by W. Deselaers, B. Meyring, E. Wagner and C. Weidemann, Applicant for the Com- LHS Ltd.
lawyers, with an address for service in Luxembourg, v Com- munity trade mark:
mission of the European Communities (Agent: S. Rating),
supported by Vfw AG, established in Cologne, represented by The Community trade The word mark ‘Kleencare’ for
H.F. Wissel, lawyer, with an address for service in Luxembourg, mark concerned: goods in classes 1, 3, 5 and 42.
Landbell AG, established in Mainz (Germany), represented by
A. Rinne, lawyer, with an address for service in Luxembourg, Proprietor of the right to Henkel KGaA
and Bellandvision GmbH, established at Pegnitz (Germany), the trade mark or sign
represented by A. Rinne, lawyer, with an address for service in asserted by way of oppoLuxembourg — application for suspension of operation of sition in the opposition
Article 3 of Commission Decision 2001/463/EC of 20 April proceedings:
2001 relating to a proceeding pursuant to Article 82 of the EC
Treaty (Case COMP D3/34493 DSD) (OJ 2001 L 166, p. 1), Trade mark or sign The German word mark ‘Carclin’
and of Articles 4, 5, 6 and 7 of that decision in so far as they asserted by way of oppo- for goods in classes 1 and 2.
refer to the said Article 3 — the President of the Court of First sition in the opposition
Instance made an order on 15 November 2001, the operative proceedings:
part of which is as follows:
Decision of the Oppo- Rejection of the opposition by
1. _The application for interim measures is dismissed._ sition Division: Henkel KGaA

2. _The costs are reserved._ Decision of the Board of Dismissal of the appeal lodged by
Appeal: Henkel KGaA

Grounds of claim: Violation of Articles 57 and following of regulation 40/94 ( [1] ) in
that the Board of Appeal can
**Action brought on 10 December 2001 by Henkel KGaA** review fully the decisions of the
**against the Office for Harmonisation in the Internal** Opposition Division. Further**Market** more, violation of Article 76 (1) (f)
of Regulation 40/94 by the refusal
**(Case T-308/01)** of a statement made by a person
connected with the applicant.
(2002/C 68/21)

_(Language of the case: English)_ ( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 11, p. 1).

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the