CELEX: C2001/317/57
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-185/01: Action brought on 4 August 2001 by Dominique Ramaekers against the Commission of the European Communities

10.11.2001            EN                       Official Journal of the European Communities                                      C 317/29
—     in the alternative, annul the decisions of the Board of             Action brought on 4 August 2001 by Dominique Ramae-
      Appeal and the Opposition Division in so far as they                kers against the Commission of the European Communi-
      concern the application for registration of the applicant’s                                         ties
      mark for the goods in Class 5; and order that the
      application in respect of the amended specification for
      the goods in Class 5 be referred back to the Opposition                                       (Case T-185/01)
      Division for further consideration;
                                                                                                   (2001/C 317/57)
—     order that the applicant’s costs of defending the original
      opposition and of prosecuting the appeal before the
      Board of Appeal and of prosecuting this appeal before                                   (Language of the case: French)
      the Court of First Instance be paid to the applicant.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
Pleas in law and main arguments                                           European Communities on 4 August 2001 by Dominique
                                                                          Ramaekers, resident in Louvain-la-Neuve (Belgium), represent-
                                                                          ed by Jean-Noël Louis and Véronique Peere, lawyers, with an
Applicant for the Com-         Alza Corporation, Mountain                 address for service in Luxembourg.
munity trade mark:             View, California, U.S.A.
The Community trade            The word mark ‘E-TRANS’ for
mark concerned:                certain goods in Classes 5, 10             The applicant claims that the Court should:
                               and 42 (e.g. pharmaceutical and
                               veterinary preparations and sub-
                               stances)         —        application      —     annul the decision of the selection board for the Research
                               No. 120089                                       selection COM/R/A/01/1999 to award her a mark that
                                                                                was not sufficient to allow her to be included on the
Proprietor of the right to     Hexal AG, Holzkirchen, Germany                   reserve list;
the trade mark or sign
asserted by way of oppo-
sition in the opposition                                                  —     in so far as necessary, annul the subsequent decision of
proceedings:                                                                    the Selection Committee and of the AECE establishing
                                                                                the reserve list for the Research selection process
Trade mark or sign             The      German        trade    mark             COM/R/A/01/1999;
asserted by way of oppo-       ‘ESTRANS’ for certain goods in
sition in the opposition       Class 5
                                                                          —     order the defendant to pay the costs.
proceedings:
Decision of the Oppo-          Partial accept of the opposition,
sition Division:               insofar as it relates to pharmaceut-
                               ical and veterinary preparations
                               and substances (Class 5)                   Pleas in law and main arguments
Decision of the Board of       Dismissal of the appeal
Appeal:                                                                   The applicant in the present case objects to her non-inclusion
                                                                          on the reserve list of successful candidates in the context of
Grounds of claim:              —     The goods covered by the             the Notice of a selection process for temporary members of
                                     two marks are different;             staff COM/R/A/01/1999 for the management of Research and
                                                                          Technological Development programmes.
                               —     there is no likelihood of con-
                                     fusion; and
                               —     Article 8(1)(b) of Regu-
                                                                          The pleas and main arguments are those put forward in Case
                                     lation 40/94 (1) is not appli-
                                                                          T-182/01 Bachotet v Commission (1).
                                     cable.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the           (1) Not yet published in the OJEC.
    Community trade mark (OJ L 11, p. 1).