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Case T-235/00: Action brought on 6 September 2000 by Cooperative Codess Sociale Cooperative Sociale a r.l. and Others against Commission of the European Communities
ECLI:EU:UNKNOWN:62000TN0235
62000TN0235
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C 4/6
EN
Official Journal of the European Communities
Action brought on 6 September 2000 by Cooperative Action brought on 16 October 2000 by SAT.1 SatellitenFernsehen GmbH and Others against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case T-323/00)
(Case T-235/00)
(2001/C 4/09)
(2001/C 4/08)
(Language of the case: German)
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 16 October 2000 by SAT.1 SatellitenFernsehen GmbH, Mainz and Berlin, Germany, represented by Rheinhard Schneider, of Büsing, Müffelmann & Theye, Bremen (Germany). An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 6 September 2000 by Cooperative Codess Sociale Cooperative Sociale a r.l. and Others, represented by Franca Gajulli and Isabella Gianniotti, of the Venice Bar.
(Language of the case: Italian)
— annul and declare invalid the decision of the Second Board of Appeal of the defendant of 2 August 2000 in Case R 312/99-2;
The applicant claims that the Court should:
— order the defendant to pay the costs.
— annul Articles 1, 2, 5 and 6 of Commission Decision 2000/394/EEC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995, or annul Articles 1, 2, 5 and 6 thereof, and declare applicable the exemption provided for by Article 86(2) of the Treaty (services of general economic interest) to the Mark: applicant;
Wordmark ‘SAT. 2’ — Application No 513135
Goods or services:
Goods and services in Classes 35, 38, 41, 42 (including distribution of radio and television programmes, production of films and television programmes, distribution of film rights, development of software)
— order the Commission to pay the costs.
Pleas in law and main arguments
Decision contested Refusal by the examiner to register before the Board of Appeal:
The pleas in law and main arguments are those relied upon in Cases T-234/00 Fondazione Opera S. Maria della Carità v Commission. ( )
Pleas in law:
— misapplication of Article 7(1)(b) of Regulation (EEC) No 40/94
— misapplication of Article 7(1)(c) of Regulation (EEC) No 40/94
( ) See p. 5 of this Official Journal.