CELEX: C2004/071/42
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First Instance of 3 December 2003 in Case T-208/01: Volkswagen Ag v Commission of the European Communities (Competition — Distribution of motor vehicle — Article 81(1) EC Price agreement — Meaning of agreement — Proof of the existence of an agreement)

C 71/24                EN                         Official Journal of the European Union                                            20.3.2004
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 3 December 2003
                      of 3 December 2003
                                                                          in Case T-16/02: Audi AG v Office for Harmonisation in
                                                                          the Internal Market (Trade Marks and Designs) (OHIM) (1)
in Case T-208/01: Volkswagen Ag v Commission of the
                   European Communities (1)
                                                                          (Community trade mark — Regulation (EC) No 40/94
                                                                          — Absolute grounds for refusal — Descriptive mark —
                                                                          Distinctive character acquired through use — Word mark
(Competition — Distribution of motor vehicle —                            TDI — Right to be heard — Scope of the duty to state
Article 81(1) EC Price agreement — Meaning of agreement                   reasons — Consequences of a breach of the duty to state
           — Proof of the existence of an agreement)                                                    reasons)
                                                                                                    (2004/C 71/43)
                         (2004/C 71/42)
                                                                                            (Language of the case: German)
                   (Language of the case: German)
                                                                          In Case T-16/02, Audi AG, established in Ingolstadt (Germany),
                                                                          represented by L. von Zumbusch, lawyer, v Office for Harmon-
                                                                          isation in the Internal Market (Trade Marks and Designs)
In Case T-208/01, Volkswagen AG, established in Wolfsburg                 (OHIM) (Agents: A. von Mühlendahl and G. Schneider): Action
(Germany), represented by R. Bechtold, lawyer, v Commission               against the decision of the First Board of Appeal of the Office
of the European Communities (Agent: W. Mölls): Application                for Harmonisation in the Internal Market (Trade Marks and
for annulment of Commission Decision 2001/711/EC of                       Designs) of 8 November 2001 (Case R 652/2000-1), as
29 June 2001 relating to a proceeding under Article 81 of the             rectified by decision of 19 November 2001, on the application
EC Treaty (Case COMP/F-2/36.693 Volkswagen) (OJ 2001                      for registration of the word mark TDI as a Community trade
L 262, p. 14) or, in the alternative, reduction of the amount of          mark, the Court of First Instance (Second Chamber), composed
the fine imposed on the applicant, the Court of First Instance            of: N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
(Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi           D. Christensen, Administrator, for the Registrar, has given a
and M. Vilaras, Judges; D. Christensen, Administrator, for the            judgment on 3 December 2003, in which it:
Registrar, has given a judgment on 3 December 2003, in
which it:
                                                                          1.    Dismisses the action;
1.    Annuls Commission Decision 2001/711/EC of 29 June 2001              2.    Orders the applicant to bear three quarters of its own costs
      relating to a proceeding under Article 81 of the EC Treaty                and pay three quarters of those incurred by the Office for
      (Case COMP/F-2/36.693 — Volkswagen);                                      Harmonisation in the Internal Market (Trade Marks and
                                                                                Designs);
2.    Orders the Commission to pay the costs.                             3.    Orders the Office for Harmonisation in the Internal Market
                                                                                (Trade Marks and Designs) to bear one quarter of its own costs
                                                                                and pay one quarter of those incurred by the applicant.
(1) OJ C 331 of 24.11.2001.
                                                                          (1) OJ C 97 of 20.4.2002.