Orders (Information) nº T-556/11 of The General Court, September 12, 2013

• Resolution Date: September 12, 2013
• Issuing Organization: The General Court
• Decision Number: T-556/11

Case T-556/11

European Dynamics Luxembourg SA and Others

v

Office for Harmonisation in the Internal Market(Trade Marks and Designs) (OHIM)

(Action for annulment and damages - Public service contracts - Objection of inadmissibility - Action for annulment - First and fifth paragraphs of Article 263 TFEU - Article 122 of Regulation (EC) No 207/2009 - Action not premature - Status of defendant - Jurisdiction of the General Court - Action for damages - Article 44(1)(c) of the Rules of Procedure of the General Court - Admissibility)

Summary - Order of the General Court (First Chamber), 12 September 2013

1. EU law - Principles - Right to effective judicial protection - Applicability to measures adopted by agencies established on the basis of secondary law producing legal effects vis-à-vis third parties - Acts of the president of OHIM

   (Art. 263, first para., TFEU)

2. EU law - Principles - Right to effective judicial protection - Applicability to measures adopted by agencies established on the basis of secondary law producing legal effects vis-à-vis third parties - Acts of the president of OHIM - Scope of Article 122 of Regulation No 207/2009

   (Art. 19(1) TEU; Art. 263, first and fourth paras, TFEU; Council Regulation No 207/2009, Art. 122)

3. Judicial proceedings - Application initiating proceedings - Formal requirements - Identification of the subject-matter of the dispute - Brief summary of the pleas in law on which the application is based - Action for compensation for damage allegedly caused by an EU institution

   (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c))

1. See the text of the decision.

   (see paras 50-52) 2. Article 122(1) of Regulation No 207/2009 on the Community Trade Mark provides that ‘[t]he Commission shall check the legality of those acts of the President of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in respect of which Community law does not provide for any check on legality by another body …’. The scope of that provision is thus expressly contingent on there being no check of the legality of acts of the President of OHIM by another body. The General Court, as a judicial body of the Court of Justice under the first sentence of Article 19(1) TEU is ‘another body’, as it reviews the legality of acts in accordance with the second sentence of the first paragraph of Article 263 TFEU.

   It follows that an...