CELEX: C2002/169/77
Language: en
Date: 2002-07-13 00:00:00
Title: Removal from the register of Case T-309/00

13.7.2002             EN                     Official Journal of the European Communities                                   C 169/43
The applicant claims that the Court should:                                    Removal from the register of Case T-203/00 (1)
—     partially annul Decision R 34/2000-1 of the First Board                                   (2002/C 169/76)
      of Appeal of 21 February 2002 to the extent that the
      applicant was ordered to bear half of the opposition fees                            (Language of the case: Dutch)
      as well as its owns costs in the opposition and appeal
      proceedings;
—     order the Office to pay the costs.                                By order of 25 February 2002 the President of the Third
                                                                        Chamber of the Court of First Instance of the European
                                                                        Communities ordered the removal from the register of Case
                                                                        T-203/00: Beemsterboer Coldstore Services B.V. v Commission
Pleas in law and main arguments                                         of the European Communities.
The applicant filed an application for registration of the word         (1) OJ C 302 of 21.10.2000.
mark ‘METABALANCE 44’ in respect of goods in Classes 5
and 29 at the Office for Harmonisation in the Internal Market
(application no 155747). Frieslands Brands B.V. opposed that
application. The opposition was based on various national and
international marks including, inter alia, ‘BALANCE’, ‘BALANS’
and ‘FRIESISCHE FLAGGE BALANCE’ in respect of, inter alia,                     Removal from the register of Case T-309/00 (1)
goods in Classes 5 and 29.
                                                                                                (2002/C 169/77)
As a result of a private settlement with the opponent, the
applicant limited the category of goods by removing some of                                (Language of the case: French)
the goods claimed in Class 29. The opponent later withdrew
its opposition but sought a decision on costs.
                                                                        By order of 17 April 2002 the President of the First Chamber
The Opposition Division decided that the applicant should               of the Court of First Instance of the European Communities
bear the costs of the opposition procedure. The Board of                ordered the removal from the register of Case T-309/00: S.A.
Appeal set this decision aside and ordered each of the parties          Cimenteries CBR v Commission of the European Communities.
to pay its own costs in respect of the opposition and appeal
proceedings.                                                            (1) OJ C 335 of 25.11.2000.
The applicant is appealing against the decision of the Board of
Appeal and claims that the more specific Article 81(4) of
Council Regulation (EC) No 40/94 (1) , not Article 81(3), is
applicable in the present case. The defendant thus failed to
take into account the fundamental assessment criteria and to                   Removal from the register of Case T-14/02 (1)
observe the principle of proportionality.
                                                                                                (2002/C 169/78)
Moreover, in the applicant’s opinion, the defendant also
wrongly applied the assessment criteria in Article 81(3) in                               (Language of the case: English)
conjunction with Article 81(2) of Council Regulation (EC)
No 40/94. In the applicant’s view, that provision requires
that a decision on costs should take into account general               By order of 9 April 2002 the President of the Fifth Chamber
considerations of equity and fairness.                                  of the Court of First Instance of the European Communities
                                                                        ordered the removal from the register of Case T-14/02:
                                                                        Agrofair Benelux BV and Others v Commission of the
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the         European Communities.
    Community trade mark (OJ 1994 L 11, p. 1).
                                                                        (1) OJ C 109 of 4.5.2002.