Source: EURLEX
Language: en
Format: md

5.7.2003 EN Official Journal of the European Union C 158/27

The applicant claims that the Court should:

—
annul the Contested Decision in whole or in part,

—
order the Commission to pay the costs of this Case and
of Case T-276/02.

_Pleas in law and main arguments_

The applicant in the present case is the same association as in
case T-276/02, Forum against Commission ( [1] ). The applicant
challenges the final decision relating to the same Belgian State
Aid measure which was, as far as the decision to open the
procedure as foreseen by Article 88(2) of the Treaty was
involved, the object of that case. The grounds and main
arguments are those submitted in that aforementioned case.

( [1] ) OJEC C 289, 23.11.02, p. 28.

**Action brought on 2 May 2003 by Biofarma against the**
**Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM)**

**(Case T-154/03)**

(2003/C 158/49)

_(Language of the case: Spanish)_

An action against the 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
2 May 2003 by Biofarma, represented by Antonia Ruiz López
and Víctor Gil Vega, lawyers.

The applicant claims that the Court should:

—
annul the decision of the OHIM (Third Board of Appeal)
of 5 February 2003 and declare that there is a likelihood
of confusion between the trade marks ARTEX and
ALREX, which designate similar goods.

—
order the OHIM to pay the costs.

_Pleas in law and main arguments_

Applicant for Com- Bausch & Lomb Pharmaceuticals
munity trade mark: Inc.

Community trade mark Word mark ‘ALREX’ — Applisought: cation No 789461 for goods in
Class 5 (ophthalmological products)

Proprietor of mark or The applicant
sign cited in the opposition proceedings:

Mark or sign cited in Word mark ‘ARTEX’ registered in
opposition: France, Portugal and the Benelux
for goods in Class 5

Decision of the Oppo- Opposition upheld
sition Division:

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and dismissal of the appeal

Pleas in law: Misapplication of Article 8(1)(b)
of Regulation (EC)No 40/94 (likelihood of confusion)

**Action brought on 9 May 2003 by Industrias Químicas**
**del Vallés, S.A. against Commission of the European**
**Communities**

**(Case T-158/03)**

(2003/C 158/50)

_(Language of the case: Spanish)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 9 May 2003 by Industrias Químicas del Vallés, S.A., whose registered office is in Mollet del
Vallés (Barcelona, Spain), represented by Cani Fernández
Vicién, Paloma González-Espejo and Julio Sabater Marotias,
lawyers.

The applicant claims that the Court should:

—
annul Commission Decision 2003/308/EC of 2 May
2003,

—
order the European Commission to pay all the costs,
including those incurred for the purposes of making an
application for interim relief.

_Pleas in law and main arguments_

This action is directed against Commission Decision 2003/
308/EC of 2 May 2003 concerning the non-inclusion of
metalaxyl in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant-protection products
containing this active substance ( [1] ).

In support of its claims, the applicant company relies on the
following pleas in law and main arguments: