CELEX: C2003/070/42
Language: en
Date: 2003-03-22 00:00:00
Title: Case T-8/03: Action brought on 10 January 2003 by El Corte Inglés against Office for Harmonisation in the Internal Market (trade marks and designs) (OHIM)

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          The applicant claims that the Court should:
       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               —     annul the decision of the Fourth Board of Appeal of the
       does not comply with the express exclusion of criminal                     Office for Harmonization in the Internal Market (OHIM)
       law and the administration of justice in Article 280(4)                    of 3 October 2002 in Joined Cases R 700/2000-4 and
       EC;                                                                        R 746/2000-4;
—      the contested act circumvents existing Community legis-
       lation on money laundering;                                          —     refuse to register Community trade mark No 203570;
—      the EC, represented by the Commission, has assumed
       the self-appointed role of ‘European Public Prosecutor’,             —     order the defendant to pay the costs.
       contrary to the Treaty and to the will of the Member
       States.
The applicants allege that the EC, represented by the Com-
mission, has engaged in forum shopping aimed at bypassing                   Pleas in law and main arguments
the shortcomings of the Members States and the EC, and that
it is not constitutionally competent to act on behalf of the
Member States.
                                                                            Applicant for the Com-       EMILIO PUCCI S.R.L.
                                                                            munity trade mark:
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                The Community trade          ‘Emilio Pucci’, in manuscript
Article 292 EC. It also violates the obligation to state reasons            mark concerned:              handwriting — Application
and the following general principles and fundamental rights:                                             No 203570 for goods in Class-
the principle of proportionality, the principles of legitimate                                           es 3, 18, 24 and 25
expectations and of legal certainty as well as the rights of
defence and due process. Finally, the applicant maintains that
                                                                            Proprietor of the right to   The applicant
the defendant has misused its powers by adopting the contested
                                                                            the trade mark or sign
act.
                                                                            asserted by way of oppo-
                                                                            sition in the opposition
( 1) The decision to commence the first proceedings was contested by        proceedings:
     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).         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 appli-
Action brought on 10 January 2003 by El Corte Inglés                                                     cation for registration upheld for
against Office for Harmonisation in the Internal Market                                                  goods in Class 25 and for certain
                (trade marks and designs) (OHIM)                                                         goods in Class 18
                            (Case T-8/03)                                   Decision of the Board of     Appeal brought by the opponent
                                                                            Appeal:                      dismissed and action brought by
                           (2003/C 70/42)                                                                the applicant upheld in respect of
                                                                                                         the goods refused in Class 18
                    (Language of the case: Spanish)
                                                                            Grounds of claim:            Misapplication of Article 8(1)(b)
                                                                                                         of Regulation (EC) No 40/94 (like-
                                                                                                         lihood of confusion) and of
An action against Office for Harmonisation in the Internal                                               Article 8(5) thereof
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.