CELEX: C2003/239/35
Language: en
Date: 2003-10-04 00:00:00
Title: Case T-240/03: Action brought on 13 June 2003 by Cecil Sharkey against the Commission of the European Communities

C 239/18                  EN                          Official Journal of the European Union                                         4.10.2003
Pleas in law and main arguments                                               Action brought on 30 June 2003 by Société des Produits
                                                                              Nestlé S.A. against the Office for Harmonisation in the
                                                                                                       Internal Market
The applicant invokes the same pleas in law as in Case T-218/
03 (1).
                                                                                                       (Case T-248/03)
( 1) See p. 9 of this Official Journal.
                                                                                                       (2003/C 239/36)
                                                                              (Language of the case to be determined pursuant to Article 131(2)
                                                                              of the Rules of Procedure — language in which the application was
                                                                                                       submitted: English)
Action brought on 13 June 2003 by Cecil Sharkey against
        the Commission of the European Communities                            An action against the Office for Harmonisation in the Internal
                                                                              Market (Trade Marks and Designs) (OHIM) was brought before
                                                                              the Court of First Instance of the European Communities on
                             (Case T-240/03)
                                                                              30 June 2003 by Société des Produits Nestlé S.A., Vevey,
                                                                              Switzerland, represented by Mr J. Evrard, lawyer.
                            (2003/C 239/35)
                                                                              Grupo Kalise Menorquina, S.A. was also a party to the
                      (Language of the case: English)                         proceedings before the Board of Appeal.
                                                                              The applicant claims that the Court should:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
                                                                              —     annul the decision of the Second Board of Appeal of
European Communities on 13 June 2003 by Cecil Sharkey,
                                                                                    28 April 2003;
Clogherhead, (Ireland), represented by P. Gallagher and A.
Collins, Barristers, and D. Barry, Solicitor.
                                                                              —     order for payment of all costs of the proceedings against
                                                                                    the OHIM.
The applicant claims that the Court should:
—      annul the decision contained in Article 2 of Commission
       Decision of 4 April 2003 on the requests received by the               Pleas in law and main arguments
       Commission to increase in MAGP IV objectives to take
       into account improvements on safety, navigation at sea,
       hygiene, product quality and working conditions for                    Applicant for the Com-         Société des Produits Nestlé S.A.
       vessels of more than 12 m in length overall notified                   munity trade mark:
       under document number C(2003) 1113 to reject a safety
       capacity application in respect of the MFV Endurance;                  Community trade mark           The figurative mark ‘POLO POLO’
                                                                              sought:                        (application No 803429) for
—      order the Commission to pay the costs of these proceed-                                               goods in class 30 (a.o. cocoa and
       ings.                                                                                                 preparations having a base of
                                                                                                             cocoa, chocolate products, con-
                                                                                                             fectionery, sweets, sugar, chewing
                                                                                                             gum).
Pleas in law and main arguments
                                                                              Proprietor of mark or          Grupo Kalise Menorquina S.A.
                                                                              sign cited in the oppo-
                                                                              sition proceedings:
The applicant invokes the same pleas in law as in Case T-218/
03 (1).
                                                                              Mark or sign cited in          The Spanish national word mark
                                                                              opposition:                    ‘POLOS’ for goods in the old
( 1) See p. 9 of this Official Journal.                                                                      Spanish class 7 (a.o. ice creams,
                                                                                                             cocoas, chocolate products, cara-
                                                                                                             mels, general confectionery prod-
                                                                                                             ucts).