CELEX: C2001/348/48
Language: en
Date: 2001-12-08 00:00:00
Title: Case T-234/01: Action brought on 28 September 2001 by Andreas Stihl AG & Co. against the Office for Harmonization in the Internal Market (Trade Marks and Designs)

C 348/24               EN                    Official Journal of the European Communities                                    8.12.2001
                                                       COURT OF FIRST INSTANCE
Action brought on 25 September 2001 by Territorio                       Action brought on 28 September 2001 by Andreas Stihl
Histórico de Alava — Excma. Diputación de Alava, and                  AG & Co. against the Office for Harmonization in the
the Comunidad autónoma del Paı́s Vasco — Gobierno                               Internal Market (Trade Marks and Designs)
Vasco against Commission of the European Communities
                         (Case T-230/01)                                                        (Case T-234/01)
                         (2001/C 348/47)
                                                                                                (2001/C 348/48)
                  (Language of the case: Spanish)
                                                                                         (Language of the Case: German)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 September 2001 by the Territo-
rio Histórico de Alava — Excma. Diputación de Alava, and the
Comunidad autónoma del Paı́s Vasco — Gobierno Vasco,
Alava (Spain), represented by Ramón Falcón, lawyer.                   An action against the Office for Harmonization in the Internal
                                                                        Market (Trade Marks and Designs) was brought before the
                                                                        Court of First Instance of the European Communities on
The applicants claim that the Court should:                             28 September 2001 by Andreas Stihl AG & Co., Waiblingen
                                                                        (Germany), represented by Rechtsanwalt S. Völker with an
                                                                        address for service in Luxembourg.
—     annul in its entirety the decision of the Commission
      which is contested in this action; in the alternative, annul
      Article 3 of that decision;
                                                                        The applicant claims that the Court should:
—     order the Commission to pay the costs.
                                                                        —     annul the decision of the First Board of Appeal 24 July
                                                                              2001 in Case R 447/2000-1 relating to Community
Pleas in law and main arguments                                               Trade Mark application No 338 194;
The applicants contest Commission Decision C(2001) 1760                 —     order the Office for Harmonization in the Internal Market
final of 11 July 2001 declaring incompatible with the common                  (Trade Marks and Designs) to pay the costs.
market the tax reductions arising from Article 26 of Norma
Foral (Regional Law) No 24/1996 of 5 July 1996 on corpor-
ation tax (Boletı́n Oficial del Territorio Histórico de Alava of
9 August 1996), which provides for a reduction of 99 %,
75 %, 50 % and 25 % of the basis for assessment of the
aforementioned tax applicable during the first four tax years
for undertakings which set up business in the Territorio                Pleas in law and main arguments
Histórico de Alava with effect from the entry into force of the
Law, provided that they have disbursed capital amounting to
more than ESP 20 million (EUR 120 202), invest more than
                                                                        Trade mark:                   Combination of two particular
ESP 80 million (EUR 430 810) and create more than 10 new
                                                                                                      colours namely an orange (colour
jobs.                                                                                                 Pantone 164c) and a grey (colour
                                                                                                      Pantone 428u) — Colour mark
                                                                                                      — Application No 338 194
The pleas in law and main arguments put forward by the
applicants are identical with those put forward in Case
T-227/01.                                                               Goods or services:            Goods in Class 7 (including motor
                                                                                                      saws, mechanical cutting-off
                                                                                                      machines with guide devices and
                                                                                                      mechanical cutting apparatus)
 ---pagebreak--- 8.12.2001           EN                 Official Journal of the European Communities                                      C 348/25
Decision       contested Refusal of the trade mark applica-                                     —    no grounds for refusing to
before the Board of      tion                                                                        register the mark, in particu-
Appeal:                                                                                              lar no need to keep it free
Decision of the Board of Dismissal of the appeal                                                —    infringement or misinter-
Appeal:                                                                                              pretation of the relevant pro-
                                                                                                     visions of the Regulation.
Pleas in law:            —    no absolute grounds for
                              refusal within the meaning
                              of Article 7(1)(b)and (c) of        (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
                              Regulation (EC) No 40/94 (1)            Community Trade Mark (OJ L 11, p. 1).