Source: EURLEX
Language: en
Format: md

C 97/12 EN Official Journal of the European Communities 20.4.2002

The applicant asserts that the decision refusing his application Grounds of claim: — incorrect application of the
is contrary to Article 5(2) of Annex VII, since the conditions provisions of Regulation
for granting an installation allowance are fulfilled, and that the (EC) No 40/94 ( [1] ) and of
European Parliament cannot validly rely on the ground of Regulation (EC) No 2868/
exclusion laid down in Article 5(4) of Annex VII. 95 ( [2] );

— incorrect application of
Article 7(1)(b) and (c) of
Regulation (EC) No 40/94;

— incorrect application of
Article 7(3) of Regulation
(EC) No 40/94.

**Action brought on 30 January 2002 by Audi AG against**
**the Office for Harmonisation in the Internal Market**
( [1] ) Council Regulation (EC) No 40/94 of 20.12.1003 on the Com**(Trade Marks and Designs)**
munity trade mark (OJ 1994 L 11, p. 1).
( [2] ) Commission Regulation (EC) No 2868/95 of 13 December
1995 implementing Council Regulation (EC) No 40/94 on the
**(Case T-16/02)**
Community trade mark (OJ 1995 L 303, p. 1).

(2002/C 97/25)

_(Language of the case: German)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on **Action brought on 29 January 2002 by Fred Olsen S.A.**
30 January 2002 by Audi AG, of Ingolstadt (Germany), **against Commission of the European Communities**
represented by L. von Zumbusch, lawyer.

**(Case T-17/02)**

The applicant claims that the Court should:

(2002/C 97/26)

—
annul the decision adopted on 8 November 2001 by the
First Board of Appeal in appeal No R 0652/2000-1;
_(Language of the case: Spanish)_

—
order the defendant Office to pay the costs.

An action against the Commission of the European Communities was brought before the Court of First Instance of the
_Pleas in law and main arguments_
European Communities on 29 January 2002 by Fred Olsen
S.A., whose registered office is in Santa Cruz de Tenerife
The trade mark con- the verbal mark ‘TDI’ — appli- (Spain), represented by Rafael Marı´n Correa, lawyer.
cerned: cation No 19752

Goods or services: goods and services in Classes 12 The applicant claims that the Court should:
and 37 (vehicles and constructive
parts thereof; repair and mainten- —
annul the decision of the Commission of 25 July 2001
ance of vehicles)

—
Decision contested refusal of registration by the order the Commission of the European Communities
before the Board of examiner to initiate the procedure for verifying whether aid is
Appeal: compatible with the EC Treaty in accordance with its
judgment;

Decision of the Board of rejection of the appeal

—
Appeal: order the defendant to pay the costs.