Source: EURLEX
Language: en
Format: md

C 156/28 EN Official Journal of the European Communities 29.6.2002

The applicant further submits that Article 8 (4) of the Merger _Pleas in law and main arguments_
Control regulation, which constitutes the legal basis of the
present Decision, is only applicable where a concentration has
been implemented. The applicant states, however, that the The Communuity Trade SECURECLIENT
concentration in this case has not been implemented in any Mark concerned:
way.

Product or service: ‘Computer software to protect
Thirdly, the applicant argues that the modalities for the systems from unauthorised
divestiture constitute an infringement of Community law. access’, in International Class 9.
According to the applicant, these modalities are disproportionate and exceed the Commission’s competences under
Challenged Decision Refusal of registration by the
Article 8(4) of the Merger Control Regulation.
before the Board of Examiner.
Appeal:

The applicant finally claims that the Commission has failed to
respect the applicant’s procedural rights, in that the Com- Grounds submitted: Infringement of Article 7(1)(b)
mission did not respect the applicant’s right to be heard and and (c) of Regulation No 40/94.
relied on information not provided to the applicant.

( [1] ) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (OJ L 395 of
30.12.1989 p. 1; text republished in OJ L 257 of 21.9.1990,
p. 13).

**Action brought on 28 March 2002 by Klausner Nordic**
**Timber GmbH & Co. KG against the Commission of the**
**European Communities**

**Action brought on 20 March 2002 by Check Point**
**(Case T-91/02)**
**Software Limited against the Office for Harmonisation in**
**the Internal Market**

(2002/C 156/56)
**(Case T-89/02)**

(2002/C 156/55) _(Language of the case: German)_

_(Language of the case: English)_

An action against the Commission of the European CommuniAn action against the Office for Harmonisation in the Internal ties was brought before the Court of First Instance of the
Market was brought before the Court of First Instance of the European Communities on 28 March 2002 by Klausner Nordic
European Communities on 20 March 2002 by Check Point Timber GmbH & Co. KG, Wismar (Germany), represented by
Software Limited, represented by Mr Graham Farrington of D.O. Reich, lawyer, with an address for service in Luxembourg.
Farrington & Co Solicitors, Reading (United Kingdom).

The applicant claims that the Court should: The applicant claims that the Court should:

— annul the Decision of the defendant’s First Board of

—
annul the Commission’s decision of 15 January 2002 on
Appeal of 7 January 2002; and
State aid granted by Germany to Klausner Nordic Timber
GmbH & Co. KG;

—
order the defendant to remit the application to its
Examination Division for re-examination of Community

—
Trade Mark no. 1744168 (SECURECLIENT). order the defendant to pay the costs.