CELEX: C2003/007/42
Language: en
Date: 2003-01-11 00:00:00
Title: Case T-321/02: Action brought on 22 October 2002 by Paul Vannieuwenhuyze-Morin against European Parliament and Council of the European Union

11.1.2003               EN                      Official Journal of the European Communities                                        C 7/21
      —     ‘water sport tow ropes, water sport tow handles;                     subscribers concerned or’ and ‘the choice between these
            water sport tow floats; inflatable tubes for rec-                    options to be determined by national legislation’ in
            reational use in water; towable water toys designed                  Article 13(3);
            to carry a rider; wake boards; wake board bindings;
            wake board fins; water skis; trick water skis; jump            —     make an appropriate order as to costs.
            skis; water ski bindings; adjustable ski fins; water ski
            boat tow harnesses; water ski gloves; knee boards;
            water sport boards; water sport gear bags; water ski,
            wakeboard and knee board bags; water sport goods;
            dampers for use with water skis; wake boards to                Pleas in law and main arguments
            limit vibration and adjust flex, all meant to be used
            for the practice of wakeboard’ in international
            class 28.                                                      The applicant, a frequent user of direct mailing over the
                                                                           internet and founder of the internet site Internet-libre.net,
—     order the defendant to pay the costs, fees and disburse-             seeks the annulment of the abovementioned provisions of
      ments of this case and of the previous proceedings and               Directive 2002/58/EC of the European Parliament and of the
      appeals before OHIM Examination Division and the Third               Council of 12 July 2002 concerning the processing of
      Board of Appeal respectively.                                        personal data and the protection of privacy in the electronic
                                                                           communications sector (Directive on privacy and electronic
                                                                           communications) (OJ 2002 L 201, p. 37).
Pleas in law and main arguments
                                                                           In support of its arguments, the applicant alleges lack of legal
                                                                           basis to the contested act insofar as its adoption was not
The pleas in law and main arguments advanced are identical                 necessary for the single market.
to those put forward in Case T-318/02 (H.O. Sports Company,
Inc. / OHIM).
                                                                           Furthermore, the directive in question fails to observe the right
                                                                           to freedom of expression mentioned in Articles 5 of the
                                                                           Declaration of Fundamental Rights and Freedoms, 11 of the
                                                                           Charter of Fundamental Rights of the European Union and 10
                                                                           of the European Convention for the Protection of Human
                                                                           Rights and Fundamental Freedom and the principle of free
                                                                           trade recognised by all the Member States and that of free
Action brought on 22 October 2002 by Paul Vannieuwen-                      competition, enshrined in particular in Articles 3 and 4 and
huyze-Morin against European Parliament and Council of                     Title VI of the Treaty.
                       the European Union
                         (Case T-321/02)
                           (2003/C 7/42)
                    (Language of the case: French)                         Action brought on 14 October 2002 by Monique Breton
                                                                             against Court of Justice of the European Communities
An action against the European Parliament and the Council of                                       (Case T-323/02)
the European Union was brought before the Court of First
Instance of the European Communities on 22 October 2002
by Paul Vannieuwenhuyze-Morin, residing in Grigny (France),                                         (2003/C 7/43)
represented by Guy Dupaigne, lawyer.
                                                                                              (Language of the case: French)
The applicant claims that the Court should:
—     annul Article 13(1) and (2) of Directive 2002/58/EC of
      the European Parliament and of the Council of 12 July                An action against the Court of Justice of the European
      2002 concerning the processing of personal data and the              Communities was brought before the Court of First Instance
      protection of privacy in the electronic communications               of the European Communities on 14 October 2002 by
      sector (Directive on privacy and electronic communi-                 Monique Breton, residing in Howald (Luxembourg), represent-
      cations), published in the Official Journal on 31 July               ed by Albert Coolen, Jean-Noël Louis and Étienne Marchal,
      2002, and the words ‘either without the consent of the               avocats.