CELEX: C2002/056/30
Language: en
Date: 2002-03-02 00:00:00
Title: Case T-315/01: Action brought on 18 December 2001 by Yassin Abdullah Kadi against the Council of the European Union and the Commission of the European Communities

C 56/16                 EN                        Official Journal of the European Communities                                        2.3.2002
Thus, it pleads infringement of Articles 2, 8 and 19 of                      Pleas in law and main arguments
Regulation No 4064/89 and violation of the principle of sound
administration, inasmuch as, according to the applicant, the
Commission presents the proposals for undertakings in an                     Applicant for the Com-         TRUCCO S.p.A.
excessively summary way for the purposes of their comprehen-                 munity trade mark:
sion by third parties, who were consequently unable to assess
their real scope.                                                            The Community trade            the pictorial mark registered by
                                                                             mark applied for:              the Office as ‘Starix’ for goods in
                                                                                                            Class      9    —       Application
In addition, according to the applicant, the Commission                                                     No 1043090
committed various errors of law and of assessment on that
point, in breach of Articles 2, 8 and 19 of Regulation                       Proprietor of the trade-       the applicant
No 4064/89, of Article 253 of the EC Treaty and of the                       mark right opposed in
principle of proportionality.                                                the opposition proceed-
                                                                             ings:
(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on               Trade-mark           right     the verbal mark ‘ASTERIX’ (Reg.
    the control of concentrations between undertakings (OJ L 395 of          opposed:                       No 16147)
    30.12.1989, p. 1) (text republished in its entirety, with corrections,
    in OJ 1990 L 257, p. 13).                                                Decision of the Oppo-          rejection of the opposition
(2) Commission Decision 2001/462/EC, ECSC of 23 May 2001 on
    the terms of reference of hearing officers in certain competition
                                                                             sition Division:
    proceedings (Text with EEA relevance) (notified under document
    number C(2001) 1461) (OJ L 162 of 19.6.2001, p. 21).                     Decision of the Board of       rejection of the appeal
                                                                             Appeal:
                                                                             Grounds of claim:              —     risk of confusion between
                                                                                                                  the two marks;
                                                                                                            —     infringement of Article 74(1)
                                                                                                                  of      Regulation       (EC)
Action brought on 12 December 2001 by Les Editions                                                                No 40/94 (1).
Albert René against the Office for Harmonisation in the
         Internal Market (Trade Marks and Designs)
                                                                             (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                                                                                 Community trade mark (OJ 1994 L 11, p. 1).
                          (Case T-311/01)
                           (2002/C 56/29)
(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
                        been drafted: German)
                                                                             Action brought on 18 December 2001 by Yassin Abdullah
                                                                             Kadi against the Council of the European Union and the
                                                                                      Commission of the European Communities
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                                                (Case T-315/01)
12 December 2001 by Les Editions Albert René, of Paris,
represented by J. Pagenberg, lawyer. A further party to the                                            (2002/C 56/30)
proceedings before the Board of Appeal was Trucco S.p.A., of
Milan (Italy).
                                                                                               (Language of the case: English)
The applicant claims that the Court should:
—     annul the decision adopted on 5 October 2001 by the                    An action against the Council of the European Union and the
      First Board of Appeal of the Office for Harmonisation in               Commission of the European Communities was brought
      the Internal Market (Trade Marks and Designs) in Case                  before the Court of First Instance of the European Communities
      No R 1030/2000-1 and order the cancellation of trade                   on 18 December 2001 by Yassin Abdullah Kadi, represented
      mark No 1043090 ‘OStarix’;                                             by Mr David Pannick QC, Mr Pushpinder Saini, Barrister, Mr
                                                                             Guy Martin and Mr Adam Tudor (Peter Carter-Ruck &
—     order the Office to pay the costs.                                     Partners), of London (United Kingdom).
 ---pagebreak--- 2.3.2002               EN                    Official Journal of the European Communities                                         C 56/17
The applicant claims that the Court should:                             Action brought on 17 December 2001 by M+M Gesell-
                                                                        schaft für Unternehmensberatung und Informationssyte-
                                                                        me mbH against the Office for Harmonisation in the
—     grant him a Declaration that Commission Regulation
                                                                                 Internal Market (Trade Marks and Designs)
      (EC) No. 2062/2001 of 19 October 2001 and Council
      Regulation (EC) No. 467/2001 of 6 March 2001 are,
      insofar as they relate to the applicant, void, and an Order                                (Case T-317/01)
      for annulment in this regard;
                                                                                                  (2002/C 56/31)
—     order that the Council and/or the Commission pay the
      applicant’s costs of this action.
                                                                        (Language of the case: to be determined pursuant to Article 131(2)
                                                                        of the Rules of Procedure — Language in which the application has
                                                                                               been drafted: German)
Pleas in law and main arguments
                                                                        An action against the Office for Harmonisation in the Internal
The applicant in the present case, a citizen of Saudi Arabia            Market (Trade Marks and Designs) was brought before the
with substantial financial interests within the European Union,         Court of First Instance of the European Communities on
challenges Regulation (EC) No 2062/2001 of 19 October                   17 December 2001 by M+M Gesellschaft für Unter-
2001, amending, for the third time, Council Regulation (EC)             nehmensberatung und Informationssyteme mbH, of Frankfurt
No 467/2001 prohibiting the export of certain goods and                 am Main (Germany), represented by M. Treis, lawyer. A further
services to Afghanistan, strengthening the flight ban and               party to the proceedings before the Board of Appeal was
extending the freezing of funds and other financial resources           Mediametrie S.A., of Levallois Perret (France).
in respect of the Taliban of Afghanistan and repealing Regu-
lation (EC) No 337/2000 (1), in as much as it inserted the
applicant’s name into Annex I to Council Regulation (EC)
No 467/2001. By Article 2/1 of the latter, all funds belonging          The applicant claims that the Court should:
to persons designated by the Taliban Sanctions Committee of
the United Nations are to be frozen.                                    —     annul the decision adopted on 2 October 2001 by the
                                                                              First Board of Appeal of the Office for Harmonisation in
                                                                              the Internal Market (Trade Marks and Designs) in Case
In support of its conclusions, the applicant submits that the                 No R 698/2000-1;
measures in question:
                                                                        —     order the Office to pay the applicant’s costs.
—     Amount to an interference with property rights, protected
      as a fundamental right within the Community legal order.
—     Entitle the Council and the Commission, in violation of           Pleas in law and main arguments
      the right to a fair hearing, to freeze his assets and to
      maintain his freeze without granting him any opportunity
      to make submissions to these authorities seeking to               Applicant for the Com-         the applicant
      persuade them to release his assets.                              munity trade mark:
—     Provide, in violation of the Community Law principle of           The Community trade            the verbal mark ‘M+M EURODA-
      effective judicial control, no remedy to the Applicant by         mark applied for:              TA’ for goods and services in
      which he may seek to challenge his inclusion in the list                                         Classes 9, 16, 35, 41 and 42 (inter
      by obtaining an independent judicial assessment of the                                           alia software, market research and
      evidential basis for the interference with his rights.                                           seminars)
                                                                        Proprietor of the trade-       Mediametrie S.A.
                                                                        mark right opposed in
According to the Applicant, an independent assessment by the
                                                                        the opposition proceed-
Communty institutions or by any judicial body of the evidential         ings:
basis for the freezing of its assets would show there is no basis
for the allegations against it.
                                                                        Trade-mark            right    the Irish, French and international
                                                                        opposed:                       (effective in respect of Benelux,
                                                                                                       Spain, Italy and Portugal) verbal
(1) OJ L 277, of 20.10.2001, p. 25.                                                                    mark ‘EURODATA TV’
                                                                        Decision of the Oppo-          rejection of the opposition
                                                                        sition Division: