CELEX: C2002/068/20
Language: en
Date: 2002-03-16 00:00:00
Title: Order of the President of the Court of First Instance of 15 November 2001 in Case T-151/01 R: Der Grüne Punkt — Duales System Deutschland AG v Commission of the European Communities (Interlocutory proceedings — Abuse of a dominant position — Article 82 EC — Trade-mark law — Prima facie case — Urgency — Weighing of interests)

16.3.2002               EN                     Official Journal of the European Communities                                        C 68/11
                                                         COURT OF FIRST INSTANCE
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                              European Communities on 10 December 2001 by Henkel
                              INSTANCE                                    KGaA, represented by Mr Holger Wissel and Dr Christian
                                                                          Osterrieth (Clifford Chance Pünder) of Düsseldorf (Germany).
                      of 15 November 2001
in Case T-151/01 R: Der Grüne Punkt — Duales System                       The applicant claims that the Court should:
Deutschland AG v Commission of the European Com-
                               munities                                   —     annul the decision of the Third Board of Appeal of the
                                                                                OHIM of 12 September 2001 in appeal proceedings
(Interlocutory proceedings — Abuse of a dominant position                       no. R 738/2000-3
— Article 82 EC — Trade-mark law — Prima facie case —
               Urgency — Weighing of interests)                           —     order the defendant to pay the costs of the action
                           (2002/C 68/20)
                   (Language of the case: German)                         Pleas in law and main arguments
In Case T-151/01 R: Der Grüne Punkt — Duales System
Deutschland AG, established in Cologne (Germany), represent-
ed by W. Deselaers, B. Meyring, E. Wagner and C. Weidemann,               Applicant for the Com-        LHS Ltd.
lawyers, with an address for service in Luxembourg, v Com-                munity trade mark:
mission of the European Communities (Agent: S. Rating),
supported by Vfw AG, established in Cologne, represented by               The Community trade           The word mark ‘Kleencare’ for
H.F. Wissel, lawyer, with an address for service in Luxembourg,           mark concerned:               goods in classes 1, 3, 5 and 42.
Landbell AG, established in Mainz (Germany), represented by
A. Rinne, lawyer, with an address for service in Luxembourg,              Proprietor of the right to    Henkel KGaA
and Bellandvision GmbH, established at Pegnitz (Germany),                 the trade mark or sign
represented by A. Rinne, lawyer, with an address for service in           asserted by way of oppo-
Luxembourg — application for suspension of operation of                   sition in the opposition
Article 3 of Commission Decision 2001/463/EC of 20 April                  proceedings:
2001 relating to a proceeding pursuant to Article 82 of the EC
Treaty (Case COMP D3/34493 DSD) (OJ 2001 L 166, p. 1),                    Trade mark or sign            The German word mark ‘Carclin’
and of Articles 4, 5, 6 and 7 of that decision in so far as they          asserted by way of oppo-      for goods in classes 1 and 2.
refer to the said Article 3 — the President of the Court of First         sition in the opposition
Instance made an order on 15 November 2001, the operative                 proceedings:
part of which is as follows:
                                                                          Decision of the Oppo-         Rejection of the opposition by
1.    The application for interim measures is dismissed.                  sition Division:              Henkel KGaA
2.    The costs are reserved.                                             Decision of the Board of      Dismissal of the appeal lodged by
                                                                          Appeal:                       Henkel KGaA
                                                                          Grounds of claim:             Violation of Articles 57 and fol-
                                                                                                        lowing of regulation 40/94 (1) in
                                                                                                        that the Board of Appeal can
Action brought on 10 December 2001 by Henkel KGaA                                                       review fully the decisions of the
against the Office for Harmonisation in the Internal                                                    Opposition Division. Further-
                                Market                                                                  more, violation of Article 76 (1) (f)
                                                                                                        of Regulation 40/94 by the refusal
                          (Case T-308/01)                                                               of a statement made by a person
                                                                                                        connected with the applicant.
                           (2002/C 68/21)
                   (Language of the case: English)                        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                              Community trade mark (OJ 11, p. 1).
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the