Source: EURLEX
Language: en
Format: md

C 239/22 EN Official Journal of the European Union 4.10.2003

**Action brought on 18 July 2003 by Celltech R&D Limited**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs) (OHIM)**

**(Case T-260/03)**

(2003/C 239/41)

_(Language of the case: English)_

An action against Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 July 2003 by Celltech R&D Limited, Slough, (United
Kingdom), represented by D. Alexander, QC, and N. Jenkins,
lawyer.

The applicant claims that the Court should:

—
annul the Decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (‘OHIM’) of 19 May 2003 (Case
R0659/2002-2) in whole or in part;

—
order OHIM to pay the costs of this Application.

_Pleas in law and main arguments_

Trade mark concerned: ‘CELLTECH’ — Application
No 1731678.

Products or services: Pharmaceutical, veterinary and
sanitary preparations,compounds
and substances (Class 5), surgical,
medical, dental and veterinary
apparatus and instruments
(Class 10), research and development, consultancy services, all
relating to the biological, medical
and chemical sciences (Class 41).

Challenged decision Refusal of registration by the
before the Board of examiner.
Appeal:

Grounds submitted: Infringement of Article 7(1)(b) of
theCommunity TradeMark Regulation 40/94/EEC.

**Action brought on 28 July 2003 by Jürgen Schmoldt,**
**Kaefer Isoliertechnik GmbH & Co. KG and Hauptverband**
**der Deutschen Bauindustrie e.V. against the Commission**
**of the European Communities**

**(Case T-264/03)**

(2003/C 239/42)

_(Language of the case: German)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 28 July 2003 by Jürgen Schmoldt,
Dallgow-Döberitz (Germany), Kaefer Isoliertechnik GmbH &
Co. KG, Bremen (Germany), and Hauptverband der Deutschen
Bauindustrie e.V., Berlin (Germany), represented by
H.-P. Schneider, Hanover.

The applicants claim that the Court should:

—
annul Article 1 of, and Table 1 of the Annex to,
Commission Decision 2003/312/EC of 9 April 2003,
published on 8 May 2003 (OJ 2003 L 114, p. 50) and
notified under no C(2003) 1161, on the publication of
the reference of European standards relating to the
thermal insulation products EN 13162:2001 to EN 1
13172:2001, with the result that Commission communication 2001/C 358/08 of 15 December 2001 (OJ 2001
C 358, p. 9), in so far as it concerns the products EN
13162:2001 to EN 1 13172:2001, and Commission
communication 2001/C 120/06 of 22 May 2003 (OJ
2003 C 120, p. 17) be removed from the _Official Journal_
_of the European Union_ ;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

On 23 May2001, theEuropean Committee for Standardisation
adopted ten standards for thermal insulation products, the
references for which were published in the _Official Journal of_
_the European Communities_ of 15 December 2001 ( [1] ). The Federal
Republic of Germany subsequently objected to, _inter alia_,
these ten standards for thermal insulation products under
Article 5(1) of Directive 89/106/EEC( [2] ). The objection was
rejected by the contested decision.

The applicants rely on both formal and substantive grounds.
The applicants take the view that procedural errors were
committed in so far as, contrary to Article 5(1) of Directive
89/106, the Standing Committee on Construction failed to
issue an opinion and in so far as the statement of reasons in