CELEX: C2000/259/48
Language: en
Date: 2000-09-09 00:00:00
Title: Case T-168/00: Action brought on 16 June 2000 by Appel & Frenzel GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 259/26                EN                    Official Journal of the European Communities                                        9.9.2000
—     Is contrary to Article 253 EC.                                     (4) order the Commission to pay the costs.
—     Found a dumping margin of 7,6 % and imposed anti-
      dumping duties of EUR 5,19 per tonne on the Applicant.             Pleas in law and main arguments
      Had the above breaches of Community law not been
      made, only the minimis dumping would have been found               The pleas in law and principal arguments are the same as in
      and no duties should have been imposed.                            Case T-110/00 (2).
                                                                         (1) OJ L 56 of 1.3.2000, p. 39.
(1) OJEC L 75, of 24.3.2000, p. 3.
                                                                         (2) OJ C 176 of 24.6.2000, p. 30.
(2) Council Regulation EC No 384/96, of 22 December 1996, on
    protection against dumping imports from countries not members
    of the European Community (OJEC L 56, of 6.3.1996, p. 1).
                                                                         Action brought on 16 June 2000 by Appel & Frenzel
                                                                         GmbH against the Office for Harmonisation in the
                                                                                  Internal Market (Trade Marks and Designs)
Action brought on 14 June 2000 by Suproco NV against                                              (Case T-168/00)
       the Commission of the European Communities
                                                                                                  (2000/C 259/48)
                         (Case T-159/00)
                                                                                            (Language of the case: German)
                         (2000/C 259/47)
                                                                         An action against the Office for Harmonisation in the Internal
                                                                         Market (Trade Marks and Designs) was brought before the
                    (Language of the case: Dutch)                        Court of First Instance of the European Communities on
                                                                         16 June 2000 by Appel & Frenzel GmbH, of Düsseldorf
                                                                         (Federal Republic of Germany), represented by Johann-Chris-
An action against the Commission of the European Communi-
                                                                         toph Gaedertz, Rechtsanwalt, of Gaedertz Rechtsanwälte,
ties was brought before the Court of First Instance of the
                                                                         Bockenheimer Landstraße 98-100, Frankfurt (Federal Republic
European Communities on 14 June 2000 by Suproco NV,
                                                                         of Germany).
represented by R.J. van Agteren, of the Rotterdam Bar, and
M.M. Slotboom, of the Rotterdam and Brussels Bars, with an
address for service in Luxembourg at the Chambers of                     The applicant claims that the Court should:
M. Loesch, 11 Rue Goethe.
                                                                         —     amend Decision R 263/1999-3 of the Third Board of
                                                                               Appeal, dated 13 April 2000, and order registration of
The applicant claims that the Court should:                                    the mark ‘Tönnchen’ as a Community trade mark in
                                                                               accordance with the annexed illustration.
(1) declare the action brought by Suproco admissible;
(2) annul Regulation No 465/2000 (1) of 29 February 2000                 Pleas in law and main arguments
      introducing safeguard measures for imports from the
      overseas countries and territories of sugar sector products        The trade mark con-             ‘Tönnchen’      —      application
      with EC/OCT cumulation of origin;                                  cerned:                         No 624189
                                                                         Goods or service con-           Class 30 goods (mustard)
(3) rule that the Community is liable for the damage suffered
                                                                         cerned:
      by Suproco as a result of the safeguard measure and that
      the parties should seek to reach agreement on the extent           Decision         contested      Refusal of registration by the
      of the damage suffered by Suproco, and order that, if no           before the Board of             examiner
      such agreement is reached within a time-limit to be                Appeal:
      specified by the Court, the proceedings are to continue
      with a view to determining the quantum of the damage,              Grounds of claim:               — incorrect finding by the Board
      and order the Community in any event to pay the                                                        of Appeal that the mark has
      damages provisionally quantified and yet to be quantified,                                             no distinctive character
      alternatively to pay such compensation as the Court may
      deem fair and equitable, together with interest thereon
      from the date of the application until payment in full;