Source: EURLEX
Language: en
Format: md

6.4.2002 EN Official Journal of the European Communities C 84/45

**Appeal brought on 6 December 2001 by Procter &** the Commission of the European Communities, represented
**Gamble Company against the judgment delivered on** by M. Patakia, acting as Agent, with an address for service in
**19 September 2001 by the Second Chamber of the Court** Luxembourg.
**of First Instance of the European Communities in case**
**T-129/00** ( [1] ) **between Procter & Gamble Company and**
**Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM).** The applicant claims that the Court should:

**(Case C-474/01 P)**
(1) declare that, by maintaining the obligation for patent
agents, when providing services, either to maintain an
(2002/C 84/77) official place of business on Luxembourg territory or,
failing that, to maintain an official address care of an
approved agent, and by failing to supply information
concerning the precise conditions for the application of
An appeal against the judgment delivered on 19 September Article 85(2) of the Law of 20 July 1992 and Articles 19
2001 by the Second Chamber of the Court of First Instance of and 20 of the Law of 28 December 1988, the Grand
the European Communities in case T-129/00 between Procter Duchy of Luxembourg has failed to fulfil its obligations
& Gamble Company and Office for Harmonisation in the under Article 49 et seq. EC and Article 10 EC respectively;
Internal Market (Trade Marks and Designs) (OHIM) was
brought before the Court of Justice of the European Communities on 6 December 2001 by Procter & Gamble Company, (2) order the Grand Duchy of Luxembourg to pay the costs.
established in Cincinnati, Ohio (United States of America),
represented by C.J.J.C. van Nispen and G. Kuipers, lawyers.

The Appellant claims that the Court should:
_Pleas in law and main arguments_

—
annul the judgment; insofar as the remainder of the
action was dismissed;

—
The obligation to maintain an official address, imposed

—
order the OHIM to pay the costs both at first instance by Article 83(4) of the Law of 20 July 1992, constitutes a
and on appeal. restriction on the principle of freedom to provide services
as laid down by Article 49 EC, since it impedes the
activities of the service provider by causing him to bear
additional costs and obliging him to create professional
links with a local operator in the same sector, who may
_Pleas in law and main arguments_
even be a competitor. Moreover, that obligation is likely
to prompt foreign applicants to have recourse to the
services of patent agents established in Luxembourg.
See case C-473/01 P.

—
( [1] ) OJ C 192, 8.7.2000, p. 25. The fact that the detailed information requested by the
Commission has not been supplied means that it is
impossible to establish whether it is justified, even as
regards straightforward acts of an administrative nature,
to require industrial property advisers in other Member
States to fulfil the criteria for recognition of their
professional qualifications (Council Directive
89/48/EEC( [1] )). That lack of any response constitutes a
failure to collaborate within the meaning of Article 10
**Action brought on 11 December 2001 by the Commission**
EC.
**of the European Communities against the Grand Duchy**
**of Luxembourg**

**(Case C-478/01)**
( [1] ) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
(2002/C 84/78) on completion of professional education and training of at least
three years’ duration (OJ L 19 of 21.1.1989, p. 16).

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice on 11 December 2001 by