Source: EURLEX
Language: en
Format: md

C 55/34 EN Official Journal of the European Union 8.3.2003

Finally, the applicant alleges breach of the fundamental
principles of legal certainty, sound administration and good
faith. The applicant makes the point that it has, on numerous
occasions, approached the Commission without ever obtaining
any indication which would have enabled it to provide results
likely to be acceptable in the eyes of the Commission and the
Council.

( [1] ) Council Regulation (EC) No 1756/2002 of 23 September 2002
amending Directive 70/524/EEC concerning additives in feedingstuffs as regards withdrawal of the authorisation of an additive
and amending Commission Regulation (EC) No 2430/1999 (Text
with EEA relevance) (OJ 2002 L 265, p. 1).
( [2] ) Council Directive 70/524/EEC of 23 November 1970 concerning
additives in feeding-stuffs (OJ, English Special Edition 1970 (III),
p. 840).
( [3] ) Commission Regulation (EC) No 2430/1999 of 16 November
1999 linking the authorisation of certain additives belonging to
the group of coccidiostats and other medicinal substances in
feedingstuffs to persons responsible for putting them into circulation (Text with EEA relevance) OJ 1999 L 296, p. 3.

**Action brought on 27 December 2002 by Henkel KGaA**
**against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-393/02)**

(2003/C 55/86)

_(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
27 December 2002 by Henkel KGaA, Düsseldorf (Germany),
represented by C. Osterrieth, Rechtsanwalt, with an address
for service in Luxembourg.

The applicant claims that the Court should:

—
set aside the decision of the Fourth Board of Appeal of
the Office for Harmonisation in the Internal Market of
3 October 2002 in Case R 313/2001-4, concerning
Community trade mark registration application
No 1162395;

—
order the Office to pay the costs.

_Pleas in law and main arguments_

Trade mark for which A three-dimensional mark in the
Community registration form of a bottle standing on its
sought: head in the colours transparent
and white — Application
No 1162395

Goods or services: Goods of Classes3 and20 (including soaps, washing and bleaching
preparations, cleaning and polishing preparations and artificial
containers for liquid, gel-like and
pasty preparations)

Decision challenged Refusal of registration by the
before the Board of examiner
Appeal:

Decision of the Board of Dismissal of the complaint
Appeal:

Pleas in law: — The mark is distinguished by
a number of special features
and has distinctive force.

—
The Board of Appeal disregarded the characteristic
geometry of the mark.

—
The mark has acquired protection in several Member

States.

**Action brought on 27 December 2002 by Arnaldo Lucac-**
**cioni against Commission of the European Communities**

**(Case T-394/02)**

(2003/C 55/87)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 27 December 2002 by Arnaldo
Lucaccioni, residing in St-Leonards-on-Sea (United Kingdom),
represented by Juan Ramón Iturriagagoitia and Karine Delvolvé, lawyers.