CELEX: C2001/161/42
Language: en
Date: 2001-06-02 00:00:00
Title: Case T-10/01: Action brought on 22 January 2001 by Lichtwer Pharma AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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 cumu-
lation 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 PRE-
follows:                                                                                                   DONIUM for goods in Class 5
1.    The application for interim relief is dismissed;                      Decision of the Oppo-          opposition upheld and appli-
                                                                            sition 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)
(Language of the case: to be determined in accordance with                  Action brought on 1 March 2001 by P&O European
Article 131(2) of the Rules of Procedure — Language in which the            Ferries (Portsmouth) Limited against the Commission of
                   application is drafted: German)                                             the European Communities
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;