CELEX: C2002/097/25
Language: en
Date: 2002-04-20 00:00:00
Title: Case T-16/02: Action brought on 30 January 2002 by Audi AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 97/12               EN                     Official Journal of the European Communities                                      20.4.2002
The applicant asserts that the decision refusing his application        Grounds of claim:              —     incorrect application of the
is contrary to Article 5(2) of Annex VII, since the conditions                                               provisions of Regulation
for granting an installation allowance are fulfilled, and that the                                           (EC) No 40/94 (1) and of
European Parliament cannot validly rely on the ground of                                                     Regulation (EC) No 2868/
exclusion laid down in Article 5(4) of Annex VII.                                                            95 (2);
                                                                                                       —     incorrect application of
                                                                                                             Article 7(1)(b) and (c) of
                                                                                                             Regulation (EC) No 40/94;
                                                                                                       —     incorrect application of
                                                                                                             Article 7(3) of Regulation
                                                                                                             (EC) No 40/94.
Action brought on 30 January 2002 by Audi AG against
the Office for Harmonisation in the Internal Market
                                                                        (1) Council Regulation (EC) No 40/94 of 20.12.1003 on the Com-
                  (Trade Marks and Designs)
                                                                            munity trade mark (OJ 1994 L 11, p. 1).
                                                                            (2) Commission Regulation (EC) No 2868/95 of 13 December
                                                                            1995 implementing Council Regulation (EC) No 40/94 on the
                         (Case T-16/02)                                     Community trade mark (OJ 1995 L 303, p. 1).
                         (2002/C 97/25)
                  (Language of the case: German)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on                  Action brought on 29 January 2002 by Fred Olsen S.A.
30 January 2002 by Audi AG, of Ingolstadt (Germany),                         against Commission of the European Communities
represented by L. von Zumbusch, lawyer.
                                                                                                 (Case T-17/02)
The applicant claims that the Court should:
                                                                                                 (2002/C 97/26)
—     annul the decision adopted on 8 November 2001 by the
      First Board of Appeal in appeal No R 0652/2000-1;
                                                                                           (Language of the case: Spanish)
—     order the defendant Office 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 29 January 2002 by Fred Olsen
                                                                        S.A., whose registered office is in Santa Cruz de Tenerife
The trade mark con-           the verbal mark ‘TDI’ — appli-            (Spain), represented by Rafael Marı́n Correa, lawyer.
cerned:                       cation No 19752
Goods or services:            goods and services in Classes 12          The applicant claims that the Court should:
                              and 37 (vehicles and constructive
                              parts thereof; repair and mainten-        —      annul the decision of the Commission of 25 July 2001
                              ance of vehicles)
Decision        contested     refusal of registration by the            —      order the Commission of the European Communities
before the Board of           examiner                                         to initiate the procedure for verifying whether aid is
Appeal:                                                                        compatible with the EC Treaty in accordance with its
                                                                               judgment;
Decision of the Board of      rejection of the appeal
Appeal:                                                                 —      order the defendant to pay the costs.