CELEX: C2000/192/47
Language: en
Date: 2000-07-08 00:00:00
Title: Case T-128/00: Action brought on 12 May 2000 by The Procter & Gamble Company against the Office for Harmonization in the Internal Market

8.7.2000               EN                     Official Journal of the European Communities                                        C 192/25
The applicants claim that the Court of First Instance should:            Pleas in law and main arguments
— Annul Commission Decision 2000/128/EC of 11 May                        Trademark concerned:          Three dimensional trademark in
     1999 of 11 May 1999 concerning aid granted by Italy to                                            the form of tablets — Application
     promote employment published in Official Journal of the                                           No 949610
     European Communities L 42 of 15 February 2000;
                                                                         Product or Service:           Products in Class 3 of the Nice
— In the alternative, annul Articles 1 and 2 of the operative                                          Agreement (in particular, washing
     part of the Decision, to the extent to which they do not                                          and bleaching preparations for
     exclude from the declaration of incompatibility with                                              laundry use; cleaning prep-
     the common market other types of financial aid for                                                arations, preparations for the
     employment which are shown in the present proceedings                                             washing of dishes, soaps, per-
     to be compatible with the common market; consequently,                                            fumery, essential oils, cosmetics,
     annul in respect of the same types of financial aid for                                           hair lotions, dentifrices)
     employment Article 3 of the operative part of the Decision
     in so far as it improperly requires recovery of the aid             Contested        decision     Refusal of registration by the
     already paid;                                                       before the Board of           examiner
                                                                         Appeal:
— Order the Commission to pay the costs.
                                                                         Grounds for appeal:           Infringement of Article 7(1)(b) of
                                                                                                       Regulation 40/94.
Contentions and main arguments adduced in support
The contentions and principal arguments are similar to those
relied on in Case T-124/00 FAID Federdistribuzione and
Others v Commission.
                                                                         Action brought on 12 May 2000 by The Procter & Gamble
                                                                         Company against the Office for Harmonization in the
                                                                                                 Internal Market
                                                                                                 (Case T-129/00)
Action brought on 12 May 2000 by The Procter & Gamble                                            (2000/C 192/48)
Company against the Office for Harmonization in the
                         Internal Market
                                                                                           (Language of the case: English)
                         (Case T-128/00)
                                                                         An action against the Office for Harmonization in the Internal
                         (2000/C 192/47)                                 Market was brought before the Court of First Instance of the
                                                                         European Communities on 12 May 2000 by The Procter &
                                                                         Gamble Company, represented by C.J.J.C. van Nispen and
                                                                         G. Kuipers of De Brauw Blackstone Westbroek, The Hague,
                   (Language of the case: English)                       Netherlands.
An action against the Office for Harmonization in the Internal           The applicant claims that the Court should:
Market was brought before the Court of First Instance of the
European Communities on 12 May 2000 by The Procter &                     — annul Decision R508/1999-1 of the First Board of Appeal
Gamble Company, represented by C.J.J.C. van Nispen and                       of the OHIM of 8 March 2000, in so far as it finds that the
G. Kuipers of De Brauw Blackstone Westbroek, The Hague,                      Mark does not satisfy the conditions as laid down in
Netherlands.                                                                 Article 7(1)(b) of Regulation No 40/94; and
The applicant claims that the Court should:                              — order the OHIM to pay the costs.
— annul Decision R506/1999-1 of the First Board of Appeal
     of the OHIM of 8 March 2000, in so far as it finds that the         Pleas in law and main arguments
     Mark does not satisfy the conditions as laid down in
     Article 7(1)(b) of Regulation No 40/94; and                         Trademark condensed:          Three dimensional trademark in
                                                                                                       the form of tablets — Application
— order the OHIM to pay the costs.                                                                     No 949990