Source: EURLEX
Language: en
Format: md

C 348/24 EN Official Journal of the European Communities 8.12.2001

**COURT OF FIRST INSTANCE**

**Action brought on 25 September 2001 by Territorio** **Action brought on 28 September 2001 by Andreas Stihl**
**Histo´ rico de Alava — Excma. Diputacio´n de Alava, and** **AG & Co. against the Office for Harmonization in the**
**the Comunidad auto´noma del Paı´s Vasco — Gobierno** **Internal Market (Trade Marks and Designs)**
**Vasco against Commission of the European Communities**

**(Case T-230/01)** **(Case T-234/01)**

(2001/C 348/47)

(2001/C 348/48)
_(Language of the case: Spanish)_

_(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 25 September 2001 by the Territorio Histo´rico de Alava — Excma. Diputacio´n de Alava, and the
Comunidad auto´noma del Paı´s Vasco — Gobierno Vasco,
Alava (Spain), represented by Ramo´n Falco´n, lawyer. An action against the Office for Harmonization in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
28 September 2001 by Andreas Stihl AG & Co., Waiblingen
The applicants claim that the Court should:
(Germany), represented by Rechtsanwalt S. Völker with an
address for service in Luxembourg.

—
annul in its entirety the decision of the Commission
which is contested in this action; in the alternative, annul
Article 3 of that decision;

— The applicant claims that the Court should:
order the Commission to pay the costs.

—
annul the decision of the First Board of Appeal 24 July
2001 in Case R 447/2000-1 relating to Community
_Pleas in law and main arguments_ Trade Mark application No 338 194;

The applicants contest Commission Decision C(2001) 1760 — order the Office for Harmonization in the Internal Market
final of 11 July 2001 declaring incompatible with the common (Trade Marks and Designs) to pay the costs.
market the tax reductions arising from Article 26 of Norma
Foral (Regional Law) No 24/1996 of 5 July 1996 on corporation tax (Boletı´n Oficial del Territorio Histo´rico de Alava of
9 August 1996), which provides for a reduction of 99 %,
75 %, 50 % and 25 % of the basis for assessment of the
aforementioned tax applicable during the first four tax years
_Pleas in law and main arguments_
for undertakings which set up business in the Territorio
Histo´rico de Alava with effect from the entry into force of the
Law, provided that they have disbursed capital amounting to
more than ESP 20 million (EUR 120 202), invest more than
Trade mark: Combination of two particular
ESP 80 million (EUR 430 810) and create more than 10 new
colours namely an orange (colour
jobs.
Pantone 164c) and a grey (colour
Pantone 428u) — Colour mark
— Application No 338 194
The pleas in law and main arguments put forward by the
applicants are identical with those put forward in Case
T-227/01. Goods or services: Goods in Class 7 (including motor
saws, mechanical cutting-off
machines with guide devices and
mechanical cutting apparatus)

8.12.2001 EN Official Journal of the European Communities C 348/25

Decision contested Refusal of the trade mark applica- — no grounds for refusing to
before the Board of tion register the mark, in particuAppeal: lar no need to keep it free

Decision of the Board of Dismissal of the appeal — infringement or misinterAppeal: pretation of the relevant proPleas in law: — no absolute grounds for visions of the Regulation.
refusal within the meaning
of Article 7(1)(b)and (c) of ( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Regulation (EC) No 40/94 ( [1] ) Community Trade Mark (OJ L 11, p. 1).