CELEX: C2002/144/118
Language: en
Date: 2002-06-15 00:00:00
Title: Case T-127/02: Action brought on 18 April 2002 by Concept-Anlagen u. Geräte nach "GMP" für Produktion u. Labor GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

15.6.2002              EN                    Official Journal of the European Communities                                          C 144/61
The applicant contests the fine imposed on it, and in particular        The applicant claims that the Court should:
its amount. It submits that the Commission ascertained the
facts erroneously and assessed incorrectly the facts ascertained        —     annul Decision R 0466/2000-2 of the Second Board of
by it, especially with respect to the applicant’s merely passive              Appeal of the Office of 18 February 2002;
participation in the cartel. The Commission further assessed
incorrectly the non-implementation or delayed implemen-
                                                                        —     order the Office to pay the costs.
tation of the agreements. The same applies to the considerable
price falls and fluctuations during the period of the infringe-
ment and to the influence of manufacturing costs on prices.
                                                                        Pleas in law and main arguments
With respect to the gravity of the infringement, the applicant
submits inter alia that the Commission failed to take appropri-         Community trade mark            The figurative mark ‘ECA’ —
ately into account, besides the minor effects of the cartel, the        sought:                         application No 1106442
poor economic situation of the sector and the early termination
of the infringement. The Commission also failed to take into            Goods or services:              Goods and services in classes 9,
account the purely passive role played by the applicant in the                                          41 and 42
cartel and its crucial importance for bringing the infringement
to an early end. It thereby infringed the principle of pro-             Decision        contested       Examiner’s refusal to register
portionality and Article 15(2) of Regulation No 17 of the               before the Board of
Council.                                                                Appeal:
                                                                        Decision of Board of            Dismissal of appeal
The fine imposed on the applicant further discriminates against         Appeal:
it compared with much more active members of the cartel.
                                                                        Pleas in law:                   —     Incorrect application of
                                                                                                              Article 7(1)(h) of Regulation
The applicant submits, moreover, that the Commission                                                          (EC) No 40/94 (1) and Article
infringed the principle of careful and impartial investigation of                                             6 of the Paris Convention (2)
the aspects of relevance for the assessment of the fine, since it                                             because the figurative mark
failed to follow up numerous indications made by the appli-                                                   is not identical to the Euro-
cant. Finally, the decision infringes the requirement to state                                                pean emblem.
reasons under Article 253 EC.
                                                                        (1) Council Regulation (EC) No 40/94 of 20 december 1993 on the
                                                                            Community trade mark (OJ 1994 L 11, p. 1).
                                                                        (2) Paris Convention for the Protection of Industrial Property.
Action brought on 18 April 2002 by Concept-Anlagen u.
Geräte nach ‘GMP’ für Produktion u. Labor GmbH against
the Office for Harmonisation in the Internal Market
                  (Trade Marks and Designs)                             Action brought on 17 April 2002 by Papeteries Mougeot
                                                                          against the Commission of the European Communities
                         (Case T-127/02)
                                                                                                 (Case T-128/02)
                        (2002/C 144/118)
                                                                                                (2002/C 144/119)
                  (Language of the case: German)                                           (Language of the case: French)
An action against the Office for Harmonisation in the Internal          An action against the Commission of the European Communi-
Market (Trade Marks and Designs) was brought before the                 ties was brought before the Court of First Instance of the
Court of First Instance of the European Communities on                  European Communities on 17 April 2002 by Papeteries
18 April 2002 by Concept-Anlagen u. Geräte nach ‘GMP’ für               Mougeot, established in Laval-sur-Vologne France, represented
Produktion u. Labor GmbH, Heidelberg (Germany), represent-              by Guy Barsi, Julien Baumgartner and Jean-Paul Hordies,
ed by G.J. Hodapp, lawyer.                                              lawyers, with an address for service in Luxembourg.