CELEX: C2003/124/30
Language: en
Date: 2003-05-24 00:00:00
Title: Judgment of the Court of First Instance of 19 March 2003 in Case T-213/00: CMA CGM and Others v Commission of the European Communities (Competition — Agreement between members of a liner conference and independent shipping companies — Charges and surcharges — Legal basis — Ryegulation (EEC) No 4056/86 — Regulation (EEC) No 1017/68 — Relevant market — Proof of infringement — Limitation period — Fine)

C 124/18                EN                         Official Journal of the European Union                                             24.5.2003
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                3.     Orders the Commission to bear its own costs and to pay half of
                                                                                  the applicants’ costs;
                         of 19 March 2003                                  4.     Orders the applicants to bear half of their own costs.
in Case T-213/00: CMA CGM and Others v Commission                          (1 ) OJ C 316 of 4.11.2000.
               of the European Communities ( 1)
(Competition — Agreement between members of a liner
conference and independent shipping companies — Charges
and surcharges — Legal basis — Ryegulation (EEC)
No 4056/86 — Regulation (EEC) No 1017/68 — Relevant
market — Proof of infringement — Limitation period —                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                               Fine)
                                                                                                     of 12 March 2003
                          (2003/C 124/30)
                                                                           in Case T-174/01: Jean M. Goulbourn v Office for Harmon-
                                                                           isation in the Internal Market (Trade Marks and Designs)
                   (Language of the case: English)                                                        (OHIM) ( 1)
                                                                           (Community trade mark — Opposition procedure — Appli-
                                                                           cation for Community word mark Silk Cocoon — Earlier
                                                                           word mark COCOON — Proof of genuine use of earlier
In Case T-213/00: CMA CGM, established in Marseilles                       mark — Article 43(2) and (3) of Regulation (EC) No 40/94
(France), Cho Yang Shipping Co. Ltd, established in Seoul                                          — Right to be heard)
(South Korea), Evergreen Marine Corp. Ltd, established in
Taipei (Taiwan), Hanjin Shipping Co. Ltd, established in Taipei,
Hapag-Lloyd Container Linie GmbH, established in Seoul,                                                (2003/C 124/31)
Kawasaki Kisen Kaisha Ltd, established in Tokyo (Japan),
Malaysia International Shipping Corporation Berhad, estab-                                     (Language of the case: German)
lished in Kuala Lumpur (Malaysia), Mitsui OSK Lines Ltd,
established in Tokyo, Neptune Orient Lines Ltd, established in
Singapore (Singapore), Nippon Yusen Kaisha, established in
Tokyo, Orient Overseas Container Line Ltd, established in
                                                                           In Case T-174/01: Jean M. Goulbourn, residing at Dasmarinas
Wanchai (Hong Kong), P & O Nedlloyd Container Line Ltd,
established in London, Senator Lines GmbH, successor in                    Village, Makati, Metro Manila (Philippines), represented by
                                                                           S. Jackermeier, lawyer, v Office for Harmonisation in the
title to DSR-Senator Lines GmbH, established in Bremen
                                                                           Internal Market (Trade Marks and Designs) (OHIM) (Agent: G.
(Germany), Yangming Marine Transport Corp., established in
Taipei, represented initially by J. Pheasant, C. Barlen, M. Levitt,        Schneider), the other party before the Court being Redcats SA,
                                                                           established in Roubaix (France), represented by A. Bertrand
D. Waelbroeck and U. Zinsmeister, and subsequently by
                                                                           and T. Reisch, lawyers: Action brought against the decision of
J. Pheasant, M. Levitt, D. Waelbroeck and U. Zinsmeister,
                                                                           the Third Board of Appeal of the Office for Harmonisation in
lawyers, with an address for service in Luxembourg, v Com-
                                                                           the Internal Market (Trade Marks and Designs) of 25 April
mission of the European Communities (Agents: initially P.
Oliver and E. Gippini Fournier, and, subsequently, M. Oliver):             2001 in Case R 641/2000-3 relating to an opposition
                                                                           procedure between Redcats SA and Jean M. Goulbourn, the
Application for the annulment of Commission Decision 2000/
                                                                           Court of First Instance (Second Chamber), composed of:
627/EC of 16 May 2000 relating to a proceeding pursuant to
Article 81 of the EC Treaty (IV/34.018 — Far East Trade Tariff             R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij,
                                                                           Judges, Registrar: D. Christensen, Administrator, has given a
Charges and Surcharges Agreement (FETTCSA) (OJ 2000
L 268, p. 1), the Court of First Instance (Third Chamber),                 judgment on 12 March 2003, in which it:
composed of: M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; J. Plingers, Administrator, for the Registrar, has given a         1.     Annuls the decision of the Third Board of Appeal of the Office
judgment on 19 March 2003, in which it:                                           for Harmonisation in the Internal Market (Trade Marks and
                                                                                  Designs) of 25 April 2001 (Case R 641/2000-3);
1.    Annuls Article 4 of Commission Decision 2000/627/EC of               2.     Orders the Office to pay the costs.
      16 May 2000 relating to a proceeding pursuant to Article 81
      of the EC Treaty (IV/34.018 — Far East Trade Tariff Charges
      and Surcharges Agreement (FETTCSA);                                  (1 ) OJ C 317 of 10.11.2001.
2.    Dismisses the remainder of the action;