CELEX: C2000/102/56
Language: en
Date: 2000-04-08 00:00:00
Title: Case T-354/99: Action brought on 10 December 1999 by Kuwait Petroleum (Nederland) B.V. against the Commission of the European Communities

C 102/28              EN                     Official Journal of the European Communities                                       8.4.2000
— infringement of Directive 89/104/EEC of 21 December                   Action brought on 22 December 1999 by Telefon & Buch
    1988 to approximate the laws of the Member States                   VerlagsgmbH against the Office for Harmonisation in the
    relating to trade marks and of Directive 84/450/EEC of                       Internal Market (Trade Marks and Designs)
    10 September 1984 relating to misleading advertising;
                                                                                                (Case T-357/99)
— violation of the principles of legal certainty, protection of
    legitimate expectations, proportionality, non-discrimina-
    tion and subsidiarity.                                                                      (2000/C 102/57)
                                                                                          (Language of the case: German)
                                                                        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
                                                                        22 December 1999 by Telefon & Buch VerlagsgmbH, of
Action brought on 10 December 1999 by Kuwait Pet-                       Perchtoldsdorf (Republic of Austria), represented by Hans
roleum (Nederland) B.V. against the Commission of the                   Georg Zeiner and Brigitte Heaman-Dunn, Rechtsanwälte, of
                    European Communities                                Messrs Zeiner & Zeiner, Vienna, with an address for service in
                                                                        Luxembourg at the Chambers of Marc Feider, of Messrs Beghin,
                                                                        Feider, Allen & Overy, 56-58 Rue Charles Martel.
                        (Case T-354/99)
                                                                        The applicant claims that the Court should:
                        (2000/C 102/56)
                                                                        — amend the decision adopted on 21 October 1999 by the
                                                                            Third Board of Appeal of the Office for Harmonisation in
                   (Language of the Case: Dutch)                            the Internal Market (Trade Marks and Designs) in appeal
                                                                            No R 352/1999-3, in such a way that there are no
                                                                            obstacles under Article 7(1)(b) and (c) of the Community
An action against the Commission of the European Communi-                   Trade Mark Regulation to registration of the Community
ties was brought before the Court of First Instance of the                  trade mark UNIVERSALTELEFONBUCH (application
European Communities on 10 December 1999 by Kuwait                          No 455881);
Petroleum (Nederland) B.V., of Rotterdam (Netherlands), rep-
resented by P.S.R.F. Mathijsen, of the Brussels Bar.
                                                                        — alternatively, annul the decision adopted on 21 October
                                                                            1999 by the Third Board of Appeal of the Office for
The applicant claims that the Court should:                                 Harmonisation in the Internal Market (Trade Marks and
                                                                            Designs) in appeal No R 352/1999-3
(a) annul the Commission’s decision (C(1999) 2539 final) (1)
    of 20 July 1999 concerning State aid granted by the                 — order the defendant to pay the costs.
    Netherlands to 633 service stations in the region bordering
    Germany;
                                                                        Pleas in law and main arguments
(b) order the Commission to pay the costs.
                                                                        The trade mark con-           verbal mark        ‘UNIVERSALTE-
                                                                        cerned:                       LEFONBUCH’         — application
Pleas in law and main arguments                                                                       No 455881
                                                                        Goods or service con-         Goods and services in Classes 9
The pleas in law and main arguments are the same as in Case             cerned:                       (including     recorded     storage
T-242/99.                                                                                             media), 16 (including printing
                                                                                                      products), 41 (including pub-
                                                                                                      lishing services) and 42 (including
(1) OJ L 280 of 30.10.1999, p. 87.                                                                    editing services)
                                                                        Decision        contested     Refusal of registration by the
                                                                        before the Board of           examiner
                                                                        Appeal: