CELEX: C2003/019/77
Language: en
Date: 2003-01-25 00:00:00
Title: Case T-349/02: Action brought on 22 November 2002 by the company Sephora against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)

25.1.2003               EN                      Official Journal of the European Communities                                      C 19/41
The applicants claim that the Court should:                                Pleas in law and main arguments
—     annul the decision of the Commission of 14 August 2002
      referring Case COMP/M.2845 - Sogecable/Canalsatélite                 Applicant for the Com-        INTER SERVICE S.r.l.
      Digital/Vía Digital to the competent authorities in the              munity trade mark:
      Kingdom of Spain pursuant to Article 9 of Council
      Regulation (EEC) No 4064/89;                                         The Community trade           SEPHORA (registration appli-
                                                                           mark concerned:               cation No 593.806 for goods in
—     order the Commission to pay the costs.                                                             Classes 9, 18 and 25
                                                                           Proprietor of the right to    The applicant
                                                                           the trade mark or sign
Pleas in law and main arguments                                            asserted by way of oppo-
                                                                           sition in the opposition
                                                                           proceedings:
The pleas in law and main arguments are essentially those
previously put forward in Case T-346/02 CABLEUROPA and                     Trade mark or sign            French word mark SEPHORA for
Others v Commission.                                                       asserted by way of oppo-      goods in Classes 35 and 42
                                                                           sition in the opposition
                                                                           proceedings:
The applicants allege, in particular, breach of the principle of
good administration, inasmuch as the Commission not only
abandoned a practice and a consolidated policy in decisions to             Decision of the Oppo-         Opposition rejected
refer cases to the market affected by the operation in question,           sition Division:
it also failed to take into account a case which is closely linked
to the concentration operation and involving the same parties.             Decision of the Board of      Appeal rejected
In any event, the Commission is better placed than the national            Appeal:
authorities to analyse the abovementioned operation for,
among other reasons, the overriding questions of Community                 Grounds of claim:             Misapplication of Article 8(4) of
interest which the later raises.                                                                         Regulation No 40/94
Action brought on 22 November 2002 by the company
Sephora against Office for Harmonization in the Internal                   Action brought on 26 November 2002 by Ikegami Elec-
          Market (trade marks and designs) (OHIM)                          tronics (Europe) GmbH against the Council of the Euro-
                                                                                                      pean Union
                          (Case T-349/02)
                                                                                                   (Case T-350/02)
                          (2003/C 19/77)
                                                                                                    (2003/C 19/78)
                    (Language of the case: French)
                                                                                             (Language of the case: English)
An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on                 An action against the Council of the European Union was
22 November 2002 by Sephora, whose registered office is in                 brought before the Court of First Instance of the European
Levallois-Perret (France), represented by Michel-Paul Escande,             Communities on 26 November 2002 by Ikegami Electronics
lawyer.                                                                    (Europe) GmbH, Neuss, Germany, represented by Mr Laurent
                                                                           Ruessmann, lawyer with an address for service in Luxembourg.
The applicant claims that the Court should:
—     annul the decision of the Second Board of Appeal of the              The applicant claims that the Court should:
      Office for Harmonization in the Internal Market (trade
      marks and designs) of 9 September 2002 (Case R 425/                  —     annul Article 2 of Council Regulation (EC) No 1696/
      2000-2);                                                                   2002;
—     order the defendant to pay the costs.                                —     order the Council to pay the costs.