Source: EURLEX
Language: en
Format: md

C 70/26 EN Official Journal of the European Union 22.3.2003

the requirements of Article 280(1) EC, i.e. it does not aim
at countering fraud which affects the financial interests of
the Community, it does not follow the procedure of
Article 280(4) EC combined with Article 251 EC, and it
does not comply with the express exclusion of criminal
law and the administration of justice in Article 280(4)
EC;

—
the contested act circumvents existing Community legislation on money laundering;

—
the EC, represented by the Commission, has assumed
the self-appointed role of ‘European Public Prosecutor’,
contrary to the Treaty and to the will of the Member
States.

The applicants allege that the EC, represented by the Commission, has engaged in forum shopping aimed at bypassing
the shortcomings of the Members States and the EC, and that
it is not constitutionally competent to act on behalf of the
Member States.

Furthermore, the applicants submit that the contested act
violates the appropriate means of settling disputes concerning
the interpretation and application of the Treaty pursuant to
Article 292 EC. It also violates the obligation to state reasons
and the following general principles and fundamental rights:
the principle of proportionality, the principles of legitimate
expectations and of legal certainty as well as the rights of
defence and due process. Finally, the applicant maintains that
the defendant hasmisused its powers by adopting thecontested
act.

( [1] ) The decision to commence the first proceedings was contested by
the applicants in Case T-379/00 (JO C 79 of 10.3.2001, p. 24).
The decision to commence the second proceedings was challenged
by the applicants in Case T-260/01 (JO C 3 of 5.1.2002 p. 39).

**Action brought on 10 January 2003 by El Corte Inglés**
**against Office for Harmonisation in the Internal Market**
**(trade marks and designs) (OHIM)**

**(Case T-8/03)**

(2003/C 70/42)

_(Language of the case: Spanish)_

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
10 January 2003 by El Corte Inglés, whose registered office is
in Madrid, represented by Juan Luis Rivas Zurdo.

The applicant claims that the Court should:

—
annul the decision of the Fourth Board of Appeal of the
Office for Harmonization in the Internal Market (OHIM)
of 3 October 2002 in Joined Cases R 700/2000-4 and
R 746/2000-4;

—
refuse to register Community trade mark No 203570;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

Applicant for the Com- EMILIO PUCCI S.R.L.
munity trade mark:

The Community trade ‘Emilio Pucci’, in manuscript
mark concerned: handwriting — Application
No 203570 for goods in Classes 3, 18, 24 and 25

Proprietor of the right to The applicant
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade mark or sign EMIDIO TUCCI (in manuscript
asserted by way of oppo- handwriting No 1908876 for
sition in the opposition goods in Class 3, and No 855782
proceedings: for goods in Class 25)

Decision of the Oppo- Registration refused for goods in
sition Division: Classes 3, 18 and 25 and application for registration upheld for
goods in Class 25 and for certain
goods in Class 18

Decision of the Board of Appeal brought by the opponent
Appeal: dismissed and action brought by
the applicant upheld in respect of
the goods refused in Class 18

Grounds of claim: Misapplication of Article 8(1)(b)
of Regulation (EC)No 40/94 (likelihood of confusion) and of
Article 8(5) thereof