Source: EURLEX
Language: en
Format: md

2.6.2001 EN Official Journal of the European Communities C 161/19

application for suspension of operation of Commission Regu- Proprietor of an oppos- Orsem Sarl, Neuilly sur Seine,
lation No 2081/2000 of 29 September 2000 introducing ing mark or of an oppos- France
safeguard measures for imports from the overseas countries ing sign:
and territories of sugar sector products with EC/OCT cumulation of origin (OJ 2000 L 246 of 30.9.2000, p. 64), or for Opposing mark or sign: The Danish mark PREDONIUM,
any other interim measure to protect the interests of the the Greek mark PREDONIUM, the
applicant — the President of the Court of First Instance, made Swedish mark PREDONIUM and
an order on 1 February 2001, the operative part of which is as the United Kingdom mark PREfollows: DONIUM for goods in Class 5

1. _The application for interim relief is dismissed;_ Decision of the Oppo- opposition upheld and applisition Division: cation rejected
2. _The costs are reserved._

Decision of the Board of rejection of the applicant’s appeal
Appeal:

Grounds of claim: infringement of Regulation (EC)
No 40/94 on the Community
trade mark (Article 8(1)(b)) — no
likelihood of confusion
**Action brought on 22 January 2001 by Lichtwer Phar-**
**ma AG against the Office for Harmonisation in the**
**Internal Market (Trade Marks and Designs)**

**(Case T-10/01)**

(2001/C 161/42)

**Action brought on 1 March 2001 by P&O European**
_(Language of the case: to be determined in accordance with_
**Ferries (Portsmouth) Limited against the Commission of**
_Article 131(2) of the Rules of Procedure — Language in which the_
**the European Communities**
_application is drafted: German)_

An action against the Office for Harmonisation in the Internal **(Case T-49/01)**
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
22 January 2001 by Lichtwer Pharma AG, Berlin (Germany), (2001/C 161/43)
represented by Robert Kunz-Hallstein, Rechtsanwalt. The other
party to the proceedings before the Board of Appeal was
Orsem Sarl., Neuilly sur Seine (France).
_(Language of the case: English)_

The applicant claims that the Court should:
An action against the Commission of the European Communi
—
annul the decision adopted on 8 November 2000 by the ties was brought before the Court of First Instance of the
Second Board of Appeal of the Office for Harmonisation European Communities on 1 March 2001 by P&O European
in the Internal Market (Trade Marks and Designs) in Ferries (Portsmouth) Limited, represented by Mark Clough QC
appeal No R 586/1999-2; and Julian Ellison, of Ashurst Morris Crisp.

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

_Pleas in law and main arguments_ —
declare, pursuant to Article 232 (ex 175) of the EC Treaty
that the Commission failed to fulfil its obligations under
Applicant for the Com- Lichtwer Pharma AG the Treaty by failing to define its position on the
munity mark: applicant’s complaint dated 29 February 2000 against
Brittany Ferries, and/or at least that part of the complaint
Trade mark applied for: the oral mark ‘SEDONIUM’ — dealing with the period up to 1995 outside the scope of
application No 312 447 for goods the Case C-31/98 procedure, and in particular by failing
in Class 5 (including medicinal to initiate the procedure provided for under Article 88(2)
products) (ex 93(2)) of the EC Treaty;