CELEX: C2000/079/80
Language: en
Date: 2000-03-18 00:00:00
Title: Case T-359/99: Action brought on 24 December 1999 by DKV Deutsche Krankenversicherungs AG against the Office for Harmonisation in the Internal Market (Trade marks and Designs)

C 79/38                 EN                    Official Journal of the European Communities                                      18.3.2000
     necessarily caught by the inward processing system and                  Community trade mark in the Community Trade Marks
     were thus constantly monitored by the Turkish customs                   Bulletin for the claimed services in Class 36 (insurance;
     authorities. It was the customs offices themselves which                financial affairs);
     stamped generally on the same day the export declarations
     which cleared the importation of duty-free components
                                                                         — in the alternative, annul the contested decision;
     and the ATRS. The Turkish offices themselves also dealt
     with clearance of licences, the recovery of securities, export
     formalities and the issuing of ATR certificates.                    — order the Office to pay such of the applicant’s costs as are
                                                                             recoverable.
— the Commission, despite being aware of the problem posed
     by the irregularities concerning the payment of the Turkish
     duties on components originating in third countries, did
     not consider that it should take appropriate measures to            Pleas in law and main arguments
     alert the operators concerned.
                                                                         Trade mark:                   Word mark ‘EuroHealth’ — appli-
— the error was not evident to the company, whose good                                                 cation no 293977
     faith was beyond reproach, and that they cannot be
     accused of being negligent.                                         Goods or services:            Goods and services in Class 36
                                                                                                       (insurance; financial affairs)
— it is justified in relying in the present case on a special
     circumstance within the meaning of Article 13 of Regu-              Decision         contested    Refusal by the examiner to regis-
     lation No 1430/79.                                                  before the Board of           ter
                                                                         Appeal:
Finally, the applicant takes the view that in any event, in the
operations in question, it acted as fiscal representative for the        Pleas in law:                 — infringement of Article 7(1)(b)
importer, which alone could be considered liable for any                                                   of Regulation (EC) No 40/94
customs debt.
                                                                                                       — misapplication of Article
                                                                                                           7(1)(c) of Regulation (EC)
                                                                                                           No 40/94
                                                                                                       — failure to take into account
                                                                                                           Article 12(b) of Regulation
                                                                                                           (EC) No 40/94
Action brought on 24 December 1999 by DKV Deutsche
Krankenversicherungs AG against the Office for Harmon-
 isation in the Internal Market (Trade marks and Designs)
                          (Case T-359/99)
                           (2000/C 79/80)
                                                                         Action brought on 30 December 1999 by Karl L. Meyer
                                                                         against the Commission of the European Communities
                                                                                      and the European Investment Bank
                   (Language of the case: German)
                                                                                                 (Case T-361/99)
An action against the Office for Harmonisation in the Internal
Market (Trade marks and Designs) was brought before the
Court of First Instance of the European Communities on                                            (2000/C 79/81)
24 December 1999 by DKV Deutsche Krankenversicherungs
AG, Cologne, Germany, represented by Stephan v. Peter-
dorff-Campen, of von Rospatt, von der Osten, Pross, of the                                  (Language of the case: French)
Düsseldorf Bar, with an address for service in Luxembourg at
the chambers of De Bandt, van Hecke, Lagae & Loesch, 11 Rue
Goethe, Luxembourg.                                                      An action against the Commission of the European Communi-
                                                                         ties and the European Investment Bank was brought before
                                                                         the Court of First Instance of the European Communities on
The applicant claims that the Court should:                              30 December 1999 by Karl L. Meyer, of Raiatea, French
                                                                         Polynesia, represented by Jean-Dominique des Arcis, of Uturoa,
— vary the contested decision and order the office to                    French Polynesia, with an address for service in Luxembourg
     publish the sign EuroHealth, application no 293977, as a            at the offices of Mr Pakowski, 20-22 Avenue Emile Reuter.