CELEX: C2002/156/55
Language: en
Date: 2002-06-29 00:00:00
Title: Case T-89/02: Action brought on 20 March 2002 by Check Point Software Limited against the Office for Harmonisation in the Internal Market

C 156/28                EN                     Official Journal of the European Communities                                      29.6.2002
The applicant further submits that Article 8 (4) of the Merger            Pleas in law and main arguments
Control regulation, which constitutes the legal basis of the
present Decision, is only applicable where a concentration has
been implemented. The applicant states, however, that the                 The Communuity Trade          SECURECLIENT
concentration in this case has not been implemented in any
                                                                          Mark concerned:
way.
                                                                          Product or service:           ‘Computer software to protect
Thirdly, the applicant argues that the modalities for the                                               systems       from    unauthorised
divestiture constitute an infringement of Community law.                                                access’, in International Class 9.
According to the applicant, these modalities are dispro-
portionate and exceed the Commission’s competences under
                                                                          Challenged        Decision    Refusal of registration by the
Article 8(4) of the Merger Control Regulation.
                                                                          before the Board of           Examiner.
                                                                          Appeal:
The applicant finally claims that the Commission has failed to
respect the applicant’s procedural rights, in that the Com-               Grounds submitted:            Infringement of Article 7(1)(b)
mission did not respect the applicant’s right to be heard and                                           and (c) of Regulation No 40/94.
relied on information not provided to the applicant.
(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
    the control of concentrations between undertakings (OJ L 395 of
    30.12.1989 p. 1; text republished in OJ L 257 of 21.9.1990,
    p. 13).
                                                                          Action brought on 28 March 2002 by Klausner Nordic
                                                                          Timber GmbH & Co. KG against the Commission of the
                                                                                              European Communities
Action brought on 20 March 2002 by Check Point
Software Limited against the Office for Harmonisation in                                           (Case T-91/02)
                       the Internal Market
                                                                                                  (2002/C 156/56)
                          (Case T-89/02)
                         (2002/C 156/55)                                                    (Language of the case: German)
                    (Language of the case: English)
                                                                          An action against the Commission of the European Communi-
An action against the Office for Harmonisation in the Internal            ties was brought before the Court of First Instance of the
Market was brought before the Court of First Instance of the              European Communities on 28 March 2002 by Klausner Nordic
European Communities on 20 March 2002 by Check Point                      Timber GmbH & Co. KG, Wismar (Germany), represented by
Software Limited, represented by Mr Graham Farrington of                  D.O. Reich, lawyer, with an address for service in Luxembourg.
Farrington & Co Solicitors, Reading (United Kingdom).
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the Decision of the defendant’s First Board of
                                                                          —     annul the Commission’s decision of 15 January 2002 on
      Appeal of 7 January 2002; and
                                                                                State aid granted by Germany to Klausner Nordic Timber
                                                                                GmbH & Co. KG;
—     order the defendant to remit the application to its
      Examination Division for re-examination of Community
      Trade Mark no. 1744168 (SECURECLIENT).                              —     order the defendant to pay the costs.