CELEX: C2003/275/86
Language: en
Date: 2003-11-15 00:00:00
Title: Case T-323/03: Action brought on 12 September 2003 by La Baronia de Turis against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

15.11.2003              EN                      Official Journal of the European Union                                           C 275/51
The applicants claim that the Court should:                             —     violates the principle of proportionality;
—     declare that the Community has, through the European              —     treats the applicants unequally in comparison with traders
      Parliament and the Council, incurred non-contractual                    active in the sphere of foodstuffs for human beings;
      liability, and order the defendants to make good all loss
      suffered by the applicants on account of the directive in         —     was adopted on the wrong legal basis. The directive at
      question;                                                               issue ought to have been based on Article 37 of the EC
                                                                              Treaty and not on Article 152(4)(b) of the EC Treaty,
—     declare that interest at the annual rate of 8 % (or at an               since it has nothing to do with the veterinary and
      appropriate rate to be fixed by the Court) is payable from              phytosanitary field.
      the date of the Court’s decision finding the Community
      liable until the time of payment;
                                                                        (1) OJ L 63 of 6 June 2002, p. 23.
—     order the defendants to pay the costs.
Pleas in law and main arguments
                                                                        Action brought on 12 September 2003 by La Baronia de
This application claims compensation for the damage suppos-             Turis against the Office for Harmonisation in the Internal
edly caused by Directive 2002/2/EC of the European Parlia-                        Market (Trade Marks and Designs) (OHIM)
ment and of the Council of 28 January 2002 amending
Council Directive 79/373/EEC on the circulation of compound
feedingstuffs and repealing Commission Directive 91/357/                                         (Case T-323/03)
EEC (1).
                                                                                                 (2003/C 275/86)
The abovementioned directive introduces a requirement that
manufacturers of compound feedingstuffs should indicate on                                 (Language of the case: Spanish)
their labels the precise quantities (in percentages) of all
feed materials included in each feedingstuff. By so doing it
establishes quite new labelling rules for compound feeding-
stuffs which, according to the applicants, will result in the           An action against the Office for Harmonisation in the Internal
compulsory divulgence of the know-how and fundamental                   Market (Trade Marks and Designs) (OHIM) was brought before
commercial secrets of the compound feedingstuff manufac-                the Court of First Instance of the European Communities on
turers. The introduction of those rules will enable the com-            12 September 2003 by La Baronia de Turis, Cooperativa
pound feedingstuff manufacturers’ customers to know not                 Valenciana, established in Turis, Valencia (Spain), represented
only the formula but also the exact cost of the feed materials,         by Juan José Carreño Moreno, lawyer.
so that the applicants will, they argue, lose their greatest
vehicle of competition and their very existence could be
jeopardised.                                                            The applicant claims that the Court should:
                                                                        —     annul the decision of the Second Board of Appeal of the
In support of their claims the applicants maintain that the                   Office for Harmonisation in the Internal Market (Trade
contested directive:                                                          Marks and Designs) (OHIM) of 9 July 2003 in Case R 57/
                                                                              2003-2;
—     infringes their know-how and commercial secrets which
      are protected in the Community legal order;                       —     order that registration be refused in respect of Community
                                                                              trade mark No 2 057 487 ‘LA BARONNIE’, owned by
—     fails to have regard to protection of undistorted compe-                the undertaking Baron Philippe de Rothschild SA, to
      tition, to reinforcement of the competitiveness of the                  designate products within Class 33 of the Nice Classifi-
      Community industry and encouragement of technologi-                     cation.
      cal R. & D.;
—     infringes the right to property and the right to carry on
      economic activity freely;                                         Pleas in law and main arguments
—     militates against improvement of agricultural products            Applicant for Com-             Baron Philippe de Rothschild SA.
      and protection of the environment;                                munity trade mark:
 ---pagebreak--- C 275/52              EN                         Official Journal of the European Union                                        15.11.2003
Community trade mark          Word mark ‘LA BARONNIE’ —                  —     annul the decision of the Commission not to include his
sought:                       Application No. 2 057 487 for                    name on the list of promoted officials published in AN
                              products in Class 33 (alcoholic                  No 2002-69 of 14 August 2002;
                              beverages, except beers).
                                                                         —     order the Commission to pay him token damages of
Proprietor of mark or         The applicant.                                   EUR 1 for the damage suffered by him as a result of the
sign cited in the oppo-                                                        failure to draw up the staff report for the period 1997 to
sition proceedings:                                                            1999;
Mark or sign cited in         National word mark ‘BARONIA’               —     order the Commission to pay the costs.
opposition:                   for products covered by Class 33
                              (‘wines of all types’).
Decision of the Oppo-         Opposition refused.
sition Division:                                                         Pleas in law and main arguments
Decision of the Board of      Appeal dismissed.
Appeal:                                                                  In support of his application, the applicant alleges infringement
                                                                         of Article 45 of the Staff Regulations, breach of the principle
Pleas in law:                 Incorrect        application      of       of equal treatment and non-discrimination and manifest error
                              Article 8(1)(b) of Regulation (EC)         of assessment.
                              No 40/94 (likelihood of con-
                              fusion).
                                                                         Action brought on 25 September 2003 by O2 (Germany)
                                                                         GmbH & Co. OHG against Commission of the European
                                                                                                  Communities
Action brought on 15 September 2003 by Heinrich
Winter against Commission of the European Commu-
                              nities                                                             (Case T-328/03)
                        (Case T-324/03)                                                          (2003/C 275/88)
                       (2003/C 275/87)                                                      (Language of the case: English)
                  (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 25 September 2003 by O2 (Germ-
An action against the Commission of the European Communi-                any) GmbH & Co. OHG, Munich, Germany, represented by Mr
ties was brought before the Court of First Instance of the               N. Green QC, Mr K. Bacon, Barrister, Mr B. Amory, lawyer and
European Communities on 15 September 2003 by Heinrich                    Ms Francesca Marchini Camia, lawyer.
Winter, residing in Overijse (Belgium), represented by Sébasti-
en Orlandi, Albert Coolen, Jean-Noël Louis and Étienne
Marchal, lawyers.
                                                                         The applicant claims that the Court should:
The applicant claims that the Court should:                              —     annul articles 2 and 3(a) of the Commission Decision of
                                                                               16 July 2003 in case COMP/38.369;
—     annul the decision of the Commission not to include his
      name on the list of officials deemed to be most deserving          —     order the Commission to pay the applicant’s costs;
      of promotion to Grade A 4 for the 2002 promotions
      procedure published in Administrative Notices (AN)                 —     make any such further order as the Court deems appro-
      No 2002-68 of 12 August 2002;                                            priate.