Source: EURLEX
Language: en
Format: md

C 56/16 EN Official Journal of the European Communities 2.3.2002

Thus, it pleads infringement of Articles 2, 8 and 19 of _Pleas in law and main arguments_
Regulation No 4064/89 and violation of the principle of sound
administration, inasmuch as, according to the applicant, the
Applicant for the Com- TRUCCO S.p.A.
Commission presents the proposals for undertakings in an
munity trade mark:
excessively summary way for the purposes of their comprehension by third parties, who were consequently unable to assess
their real scope. The Community trade the pictorial mark registered by
mark applied for: the Office as ‘Starix’ for goods in
Class 9 — Application
In addition, according to the applicant, the Commission No 1043090
committed various errors of law and of assessment on that
point, in breach of Articles 2, 8 and 19 of Regulation Proprietor of the trade- the applicant
No 4064/89, of Article 253 of the EC Treaty and of the mark right opposed in
principle of proportionality. the opposition proceedings:

( [1] ) Council Regulation (EEC) No 4064/89 of 21 December 1989 on Trade-mark right the verbal mark ‘ASTERIX’ (Reg.
the control of concentrations between undertakings (OJ L 395 of opposed: No 16147)
30.12.1989, p. 1) (text republished in its entirety, with corrections,
in OJ 1990 L 257, p. 13).
Decision of the Oppo- rejection of the opposition
( [2] ) Commission Decision 2001/462/EC, ECSC of 23 May 2001 on
sition Division:
the terms of reference of hearing officers in certain competition
proceedings (Text with EEA relevance) (notified under document
number C(2001) 1461) (OJ L 162 of 19.6.2001, p. 21). Decision of the Board of rejection of the appeal
Appeal:

Grounds of claim: — risk of confusion between
the two marks;

—
infringement of Article 74(1)
of Regulation (EC)
No 40/94 ( [1] ).
**Action brought on 12 December 2001 by Les Editions**
**Albert René against the Office for Harmonisation in the**

**Internal Market (Trade Marks and Designs)**
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1).
**(Case T-311/01)**

(2002/C 56/29)

_(Language of the case: to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — Language in which the application has_
_been drafted: German)_
**Action brought on 18 December 2001 by Yassin Abdullah**
**Kadi against the Council of the European Union and the**
**Commission of the European Communities**
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 **(Case T-315/01)**
12 December 2001 by Les Editions Albert René, of Paris,
represented by J. Pagenberg, lawyer. A further party to the
(2002/C 56/30)
proceedings before the Board of Appeal was Trucco S.p.A., of
Milan (Italy).
_(Language of the case: English)_

The applicant claims that the Court should:

—
annul the decision adopted on 5 October 2001 by the An action against the Council of the European Union and the
First Board of Appeal of the Office for Harmonisation in Commission of the European Communities was brought
the Internal Market (Trade Marks and Designs) in Case before the Court of First Instance of the European Communities
No R 1030/2000-1 and order the cancellation of trade on 18 December 2001 by Yassin Abdullah Kadi, represented
mark No 1043090 ‘OStarix’; by Mr David Pannick QC, Mr Pushpinder Saini, Barrister, Mr
Guy Martin and Mr Adam Tudor (Peter Carter-Ruck &

—
order the Office to pay the costs. Partners), of London (United Kingdom).