CELEX: C2000/079/53
Language: en
Date: 2000-03-18 00:00:00
Title: Order of the Court of First Instance of 13 December 1999 in Case T-268/94, Tyco Toys (UK) Ltd and Others against Commission of the European Communities and Council of the European Union (Common commercial policy — Regulations (EC) No 519/94 and No 747/94 — Import quotas for certain toys from People's Republic of China — Action manifestly unfounded in law)

C 79/24                EN                     Official Journal of the European Communities                                        18.3.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              Manufacturing Europe Inc, established in Saint-Nicolas
                                                                         (Belgium), Matchbox Spielwaren and Matchbox Collectibles
                       of 12 January 2000                                GmbH, established in Hösbach (Germany), Tyco Toys France
                                                                         SA, established in Saint-Germain-en-Laye (France), Tyco Toys
in Case T-19/99: DKV Deutsche Krankenversicherung AG                     España, S.A., established in Sant Just Desvern (Spain), Tyco
v Office for Harmonisation in the Internal Market (Trade                 Toys Deutschland GmbH, established in Nuremberg (Germ-
                Marks and Designs) (OHIM) (1)                            any), Playtime Toys (UK) Ltd, established in Marlow (United
(Community trade mark — Companyline — Absolute                           Kingdom), represented by Charles-Étienne Gudin, of the
ground for refusal — Article (7)(1)(b) of Regulation (EC)                Hauts-de-Seine Bar, with an address for service in Luxembourg
                            No 40/94)                                    at the Chambers of Faltz et associés, 6, rue Heinrich Heine,
                                                                         supported by Toys Manufacturers of Europe, established in
                         (2000/C 79/52)                                  Brussels, represented by Hugues Calvet, of the Paris Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                  (Language of the case: German)                         Aloyse May, 31, Grand-rue, and by Hasbro UK Ltd, established
                                                                         in Uxbridge, Middlesex (United Kingdom), represented initially
In Case T-19/99, DKV Deutsche Krankenversicherung AG, a                  by Jacques H.J. Bourgeois and subsequently by Jacques Ghys-
company incorporated under German law, established in                    brecht, of the Brussels Bar, with an address for service in
Cologne, Germany, represented by Stephan von Peters-                     Luxembourg at the Chambers of De Bandt, Van Hecke, Lagae
dorff-Campen, Rechtsanswalt, Mannheim and Karlsruhe, with                & Loesch, 11, rue Goethe, against Commission of the European
an address for service in Luxembourg at the Chambers of Marc             Communities (Agents: Patrick Hetsch and Marc de Pauw) and
Loesch, 11 Rue Goethe, against Office for Harmonisation in               Council of the European Union (Agents: Bjarne Hoff-Nielsen
the Internal Market (Trade Marks and Designs) (OHIM),                    and Guus Houttuin), supported by Kingdom of Spain (Agents:
(Agents: Alexander von Mühlendahl and Detlef Schennen) —                 initially, Alberto Navarro González and Gloria Calvo Dı́az, and,
action brought against the decision of the First Board of                subsequently, Navarro González and Rosario Silva Lapuerta) —
Appeal of the Office for Harmonisation in the Internal Market            application for, first, the annulment of Article 1 of each of
(Trade Marks and Designs) of 18 November 1998 (Case                      Commission Regulation (EC) No 1012/94 of 29 April 1994
R 72/1998-1), which was notified to the applicant on 19 Nov-             and Regulation (EC) No 1225/94 of 30 May 1994 establishing
ember 1998 — the Court of First Instance (Fourth Chamber),               the allocations to traditional and non-traditional importers
composed of: R.M. Moura Ramos, President, V. Tiili and                   respectively from the Community quantitative quotas on
P. Mengozzi, Judges; M.A. Mair, Administrator, for the Regis-            certain products originating in the People’s Republic of China
trar, has given a judgment on 12 January 1999, in which it:              (OJ 1994 L 111, p. 100 and OJ 1994 L 136, p. 40), as well as
                                                                         for a declaration of illegality of Article 1(2) of Council
1. Dismisses the action;
                                                                         Regulation (EC) No 519/94 of 7 March 1994 on common
2. Orders the applicant to pay the costs.                                rules for imports from certain third countries and repealing
                                                                         Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83 (OJ
                                                                         1994 L 67, p. 89), and of Article 3(2) of Commission Regu-
(1) OJ C 86 of 27.3.1999.                                                lation (EC) No 747/94 of 30 March 1994 establishing adminis-
                                                                         tration procedures for quantitative quotas on certain products
                                                                         originating in the People’s Republic of China (OJ 1994 L 87,
                                                                         p. 83), and, secondly, compensation to make good the loss
                                                                         suffered by the applicants as a result of the contested provisions
                                                                         — the Court of First Instance (Fifth Chamber), composed
                                                                         of R. Garcı́a-Valdecasas, President, C.W. Bellamy, P. Lindh ,
      ORDER OF THE COURT OF FIRST INSTANCE                               J.D. Cooke and M. Vilaras, Judges; H. Jung, Registrar, made an
                                                                         order on 13 December 1999, the operative part of which is as
                     of 13 December 1999                                 follows:
in Case T-268/94, Tyco Toys (UK) Ltd and Others against                  1. The action is dismissed as manifestly unfounded in law.
Commission of the European Communities and Council
                   of the European Union (1)
                                                                         2. The applicants are ordered to bear their own costs and, jointly
(Common commercial policy — Regulations (EC) No 519/94                        and severally, the costs incurred by the Commission and the
and No 747/94 — Import quotas for certain toys from                           Council.
People’s Republic of China — Action manifestly unfounded
                              in law)                                    3. The Kingdom of Spain, Toys Manufacturers of Europe and
                                                                              Hasbro UK Ltd., interveners, shall bear their own costs.
                         (2000/C 79/53)
                   (Language of the case: French)                        (1) OJ C 254 of 10.9.1994.
In Case T-268/94, Tyco Toys (UK) Ltd, Matchbox Toys (UK)
Ltd and Matchbox Collectibles Ltd, established in Rugby
(United Kingdom), Tyco Distribution Europe NV and Tyco