CELEX: C2003/019/71
Language: en
Date: 2003-01-25 00:00:00
Title: Case T-340/02: Action brought on 13 November 2002 by B.V. Bureau Wĳsmuller Scheepvaart-Transport en Zeesleepvaart Maatschappĳ against the Commission of the European Communities

25.1.2003               EN                      Official Journal of the European Communities                                        C 19/37
The pleas in law and main arguments put forward are identical              Pleas in law and main arguments
to those in Case T-338/02.
                                                                           The pleas in law submitted are identical to those in Case
( 1) Common Position 2001/931/CFSP of 27 December 2001 on the              T-326/02.
     application of specific measures to combat terrorism, OJ L 344,
     of 28.12.2001, p. 93.
( 2) Council Common Position of 2 May 2002 updating Common
     Position 2001/931/CFSP on the application of specific measures
     to combat terrorism, OJ L 116, of 3.5.2002, p. 75.
( 3) Council Common Position of 17 June 2002 updating Common
     Position 2001/931/CFSP on the application of specific measures
     to combat terrorism and repealing Common Position 2002/340/
     CFSP, OJ L 160, of 18.6.2002, p. 32.
                                                                           Action brought on 8 November 2002 by Metro-Goldwin-
                                                                           Mayer Lion Corporation against the Office for Harmon-
                                                                                            ization in the Internal Market
                                                                                                   (Case T-342/02)
Action brought on 13 November 2002 by B.V. Bureau                                                   (2003/C 19/72)
Wijsmuller Scheepvaart-Transport en Zeesleepvaart
Maatschappij against the Commission of the European
                             Communities                                                      (Language of the case: English)
                           (Case T-340/02)
                                                                           An action against the Office for Harmonization in the Internal
                            (2003/C 19/71)                                 Market was brought before the Court of First Instance of the
                                                                           European Communities on 8 November 2002 by Metro-
                                                                           Goldwin-Mayer Lion Corporation, Santa Monica, California
                     (Language of the case: Dutch)                         (United States of America), represented by Fernand de Visscher,
                                                                           Emmanuel Cornu, Eric De Gryse, Donatienne Moreau, avocats.
                                                                           A further party to the proceedings before the Board of Appeal
                                                                           was Moser Grupo Media, S.L., Santa Eulalia Del Rio (Baleares -
                                                                           Spain).
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 November 2002 by B.V.
                                                                           The applicant claims that the Court should:
Bureau Wijsmuller Scheepvaart-Transport en Zeesleepvaart
Maatschappij, with its registered office in IJsmuiden (Nether-
lands), represented by M.J.J.M. Essers.                                    —     uphold the claim for annulment;
                                                                           —     annul the Decision of the Third Board of Appeal of
The applicant claims that the Court should:                                      5 September 2002;
(1) Primarily, annul the Commission’s decision of 19 June                  —     confirm the decision of the Opposition Division of
       2002 (C(2002) 2158 final) concerning State aid provided                   19 February 2001 insofar as it upholds the Opposition
       by the Netherlands for the activities of Netherlands                      number B 47730 for all the contested goods and services
       tugboats operating within seaports and on inland water-                   and rejects application for registration no 409664 in its
       ways of the Community;                                                    entirety on the basis of applicant’s national registrations
                                                                                 of the trademark ‘MGM’;
(2) In the alternative, annul Articles 2 and 3 of the contested
       Commission decision, in which the Commission requires               —     annul the decision of the Opposition Division of 19 Feb-
       the Netherlands Government inter alia to adopt all                        ruary 2001 insofar as it does not admit as ground for
       measures necessary to recover the aid from recipients,                    rejection applicant’s CTM no 141820 of the trademark
       with the exception of that aid which was granted prior to                 ‘MGM’ or, in subsidiary order, insofar as it does not admit
       12 September 1990;                                                        as ground for rejection the earlier national trade mark
                                                                                 registrations in Austria, Greece and the United Kingdom;
(3) Order the Commission to pay the costs of the proceed-
       ings.                                                               —     condemn the Office to the costs of the proceedings.