CELEX: C2001/108/43
Language: en
Date: 2001-04-07 00:00:00
Title: Case T-18/01: Action brought on 25 January 2001 by Anthony Goldstein against the Commission of the European Communities

7.4.2001              EN                     Official Journal of the European Communities                                       C 108/23
Grounds of claim:             Infringement of Regulation (EC)           In 1995, pursuant to Article 3 of Council Regulation No 17
                              No 40/94 on the Community                 he lodged a complaint with the Commission in respect of
                              trade mark (Article 8) — Infringe-        certain allegedly anticompetitive rules applied by the General
                              ment of the EC Treaty (Articles           Council of the Bar of England and Wales. The complaint related
                              28 and 29 EC) — No similarity             particularly to the requirement that a barrister practising at
                              between the conflicting trade             that Bar is to supply legal services only if briefed or instructed
                              marks — Impermissible splitting-          by a professional client. The applicant contends that this rule
                              up of the mark into its individual        constitutes a restriction of competition contrary to Article 81
                              component parts — Failure to              EC, inasmuch as it deprives the consumers of legal services of
                              have regard to the case-law of the        the ability to have access to the services provided by barristers
                              Court of Justice concerning the           practising at that Bar.
                              overall impression given by a
                              mark — Right of a competitor in
                              the market to combine the name            By letter of 12 January 2001, the Commission rejected the
                              of its main products with its com-        applicant’s complaint.
                              pany name — Change in the legal
                              position since registration of the
                              opposing mark.
                                                                        In the present case, the applicant submits inter alia that the
                                                                        Commission infringed Articles 81 and 82 EC by wrongly
                                                                        examining the validity of national legislation and by wrongly
                                                                        assessing the data from which it may be concluded that the
                                                                        essential elements of a situation, in which Articles 81, 82 and
                                                                        86 EC apply, are in fact present. Furthermore, he asserts that
                                                                        the Commission has misrepresented the Community nature
                                                                        and effects of the legal framework at Community level
                                                                        regulating the profession of lawyer in Directives 77/249/EEC,
Action brought on 25 January 2001 by Anthony Gold-                      89/48/EEC and 98/5/EC.
stein against the Commission of the European Communi-
                               ties
                         (Case T-18/01)
                        (2001/C 108/43)
                  (Language of the case: English)
An action against the Commission of the European Communi-               Action brought on 25 January 2001 by Chiquita Brands
ties was brought before the Court of First Instance of the              International, Inc, Chiquita Banana Company B.V. and
European Communities on 25 January 2001 by Anthony                      Chiquita Italia, S.p.A. against the Commission of the
Goldstein, represented by Mr R St J Murphy, Solicitor, of                                   European Communities
Merriman White, London (UK).
The applicant claims that the Court should:                                                       (Case T-19/01)
—     Annul the decision of the Commission of 12 January
      2001 rejecting the complaint made pursuant to Regu-                                        (2001/C 108/44)
      lation No 17 by the applicant concerning infringement
      of Articles 81 and 82 EC by the General Council of the
      Bar of England and Wales
                                                                                           (Language of the case: English)
—     Order the Commission to pay the costs
                                                                        An action against the Commission of the European Communi-
Pleas in law and main arguments                                         ties was brought before the Court of First Instance of the
                                                                        European Communities on 25 January 2001 by Chiquita
                                                                        Brands International, Inc, Chiquita Banana Company B.V. and
The applicant completed, in 1999, the Bar Vocational Course,            Chiquita Italia, S.p.A., represented by Mr C Pouncey, Solicitor,
a prerequisite for admission to the Bar of England and Wales            and Mr L Van Den Hende, Advocaat, of Herbert Smith, London
and the practice of law as a barrister.                                 (UK).