CELEX: C2000/163/60
Language: en
Date: 2000-06-10 00:00:00
Title: Case T-85/00: Action brought on 6 April 2000 by Laboratórios Roussel, Limitada, and Roussel Iberica S.A. against the Commission of the European Communities

C 163/30                EN                    Official Journal of the European Communities                                  10.6.2000
— order the Commission to pay the applicants’ necessary                  By the present application they seek annulment of the
    costs.                                                               Commission’s decision addressed to the Member States on
                                                                         withdrawal of authorisation for medicinal products for human
                                                                         use which contain that substance.
Pleas in law and main arguments
                                                                         The pleas in law and arguments adduced are essentially the
The applicants are pharmaceutical undertakings which market              same as in Case T-76/00.
medicinal products containing norpseudoephredin in various
Member States.
By the present application they seek annulment of the
Commission’s decision addressed to the Member States on
withdrawal of authorisation for medicinal products for human
use which contain that substance.
The pleas in law and arguments adduced are essentially the               Action brought on 6 April 2000 by Laboratórios Roussel,
same as in Case T-76/00.                                                 Limitada, and Roussel Iberica S.A. against the Commission
                                                                                         of the European Communities
                                                                                                  (Case T-85/00)
                                                                                                 (2000/C 163/60)
Action brought on 6 April 2000 by Laboratórios Roussel,
Limitada, and Laboratoires Roussel Diamant S.a.r.l. against
       the Commission of the European Communities                                          (Language of the case: German)
                          (Case T-84/00)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                         (2000/C 163/59)                                 European Communities on 6 April 2000 by Laboratórios
                                                                         Roussel, Limitada, of Mem Martins Codex, Portugal, and
                                                                         Roussel Iberica S.A., of Barcelona, Spain, represented by
                   (Language of the case: German)
                                                                         Burkhard Sträter, Rechtsanwalt, Bonn, Germany.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               The applicants claim that the Court should:
European Communities on 6 April 2000 by Laboratórios
Roussel, Limitada, of Mem Martins Codex, Portugal, and                   — annul Commission Decision K (2000) 608 of 9 March
Laboratoires Roussel Diamant S.a.r.l., of Puteaux, France,                   2000;
represented by Burkhard Sträter, Rechtsanwalt, Bonn, Ger-
many.                                                                    — in the alternative, annul the Commission’s decision in so
                                                                             far as Article 1 in conjunction with Annex I thereof
The applicants claim that the Court should:                                  requires the Member States Portugal and Spain to withdraw
                                                                             the authorisations for the applicants’ medicinal products
— annul Commission Decision K (2000) 608 of 9 March                          containing fenproporex;
    2000;
                                                                         — order the Commission to pay the applicants’ necessary
— in the alternative, annul the Commission’s decision in so                  costs.
    far as Article 1 in conjunction with Annex I thereof requires
    the Member States France and Portugal to withdraw
    the authorisations for the applicants’ medicinal products
    containing clobenzorex;                                              Pleas in law and main arguments
— order the Commission to pay the applicants’ necessary
    costs.                                                               The applicants are pharmaceutical undertakings which market
                                                                         medicinal products containing fenproporex in various Member
                                                                         States.
Pleas in law and main arguments
                                                                         By the present application they seek annulment of the
The applicants are pharmaceutical undertakings which market              Commission’s decision addressed to the Member States on
medicinal products containing clobenzorex in various Member              withdrawal of authorisation for medicinal products for human
States.                                                                  use which contain that substance.
 ---pagebreak--- 10.6.2000              EN                    Official Journal of the European Communities                                    C 163/31
The pleas in law and arguments adduced are essentially the              Action brought on 13 April 2000 by Mag Instrument, Inc.
same as in Case T-76/00.                                                against the Office for Harmonisation in the Internal
                                                                                      Market (Trade Marks and Designs)
                                                                                                 (Case T-88/00)
                                                                                                (2000/C 163/62)
Action brought on 11 April 2000 by the Bank für Arbeit
und Wirtschaft Aktiengesellschaft against the Office for
Harmonisation in the Internal Market (Trade Marks and                                     (Language of the case: German)
                            Designs)
                                                                        An action against the Office for Harmonisation in the Internal
                         (Case T-87/00)                                 Market (Trade Marks and Designs) was brought before the
                                                                        Court of First Instance of the European Communities on
                        (2000/C 163/61)                                 13 April 2000 by Mag Instrument, Inc., of Ontario, California,
                                                                        United States of America, represented by Wedig von der
                                                                        Osten-Sacken, Rechtsanwalt, of Messrs Hoffmann Eitle, Mu-
                  (Language of the case: German)                        nich (Federal Republic of Germany).
An action against the Office for Harmonisation in the Internal          The applicant claims that the Court should:
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
11 April 2000 by the Bank für Arbeit und Wirtschaft,                    — annul the decision adopted on 14 February 2000 by the
Vienna, represented by Guido Kucsko, Rechtsanwalt, of Messrs                Second Board of Appeal with regard to
Schönherr Barfuss Torggler & Partner, Vienna.
                                                                            — application No R 0237/1999-2: Mini Maglite pocket
The applicant claims that the Court should:                                      torch manufactured by the applicant;
— annul the decision adopted on 31 January 2000 by the
                                                                            — application No R 0238/1999-2: MagLite 3C Cell
    Third Board of Appeal of the Office for Harmonisation in
                                                                                 pocket torch manufactured by the applicant;
    the Internal Market concerning application No 000387233
    for the registration of ‘EASYBANK’ as a Community trade
    mark;                                                                   — application No R 0239/1999-2: MagLite 3D Cell
                                                                                 pocket torch manufactured by the applicant;
— order the Office for Harmonisation in the Internal Market
    to pay the costs.
                                                                            — application No R 0240/1999-2: Mag Charger pocket
                                                                                 torch manufactured by the applicant;
Pleas in law and main arguments
                                                                            — application No R 0241/1999-2: Solitaire pocket torch
The trade mark con-           the verbal mark ‘EASYBANK’ —                       manufactured by the applicant;
cerned:                       application No 387233
                                                                        — order the defendant to pay the costs.
Goods or service con-         goods and services in Class 36
cerned:                       (direct banking services, in par-
                              ticular electronic banking ser-
                              vices)                                    Pleas in law and main arguments
Decision contested be-        refusal of registration by the
fore the Board of Ap-         examiner                                  The trade marks con-          three-dimensional marks in the
peal:                                                                   cerned:                       form of pocket torches — appli-
                                                                                                      cation Nos 139527, 119552,
Grounds of claim:             — misapplication of Article                                             206789, 206689, 206870
                                  7(1)(b) of Regulation (EC) No
                                  40/94                                 Goods or service con-         Goods in Classes 9 and 11 (in
                              — misapplication of Article               cerned:                       particular, pocket torches with
                                  7(1)(c) of Regulation (EC) No                                       accessories)
                                  40/94
                                                                        Decision contested be-        Refusal of registration by the
                                                                        fore the Board of Ap-         examiner
                                                                        peal: