«(Non-contractual liability – Directive 89/104/EEC – Trade marks – Official euro symbol)»

1.. Procedure – Introduction of new pleas in law in the course of the proceedings – Conditions – New plea – Definition (Rules of Procedure of the Court of First Instance, Art. 48(2))

2.. Actions for damages – Distinct nature – Exhaustion of domestic remedies – Exception – Impossibility of obtaining satisfaction before national courts – Infringement of a registered trade mark (Arts 235 EC and 288, second para., EC)

3.. Approximation of laws – Trade marks – Directive 89/104 – Right of the owner of a registered trade mark to contest its unlawful use – Sign identical or similar to the trade mark – Use in the course of trade – Definition – Use of the official euro symbol to designate the single currency – Not included (Council Directive 89/104, Art. 5(1)(b))

4.. Approximation of laws – Trade marks – Directive 89/104 – Right of the owner of a registered trade mark to contest its unlawful use – Likelihood of confusion – Assessment – Likelihood of association – Insufficient (Council Directive 89/104, Art. 5(1)(b))

5.. Non-contractual liability – Conditions – Lawful act – Real damage, causal link and unusual and special damage – Cumulative nature (Art. 288, second para., EC)

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber) 10 April 2003 (1)

((Non-contractual liability – Directive 89/104/EEC – Trade marks – Official euro symbol))

In Case T-195/00,

applicants,

v

defendant,

APPLICATION for compensation for the damage allegedly caused to the applicants by the Commission's adoption, use and promotion of the official euro symbol, which is allegedly substantially identical to a graphic trade mark registered by the applicants,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber),

composed of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh, Judges,

Registrar: J. Plingers, Administrator,

having regard to the written procedure and further to the hearing on 20 June 2002,

gives the following

ISL's figurative sign

Admissibility of the plea and the complaints alleging infringement of trade mark rights

Admissibility of the two allegedly new pleas raised by the Commission in its rejoinder

Admissibility of the corrected reference to an annex cited in the application

Liability arising from the alleged unlawfulness of the Commission's conduct

First plea: infringement of trade mark rights

─ Arguments of the parties

─ Findings of the Court

Second plea: violation of the principles of respect for vested rights, protection of legitimate expectations, non-discrimination and proportionality

─ Arguments of the parties

─ Findings of the Court

Third plea: Expropriation

No-fault liability

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT OF FIRST INSTANCE (Fifth Chamber)

hereby:

Cooke

García-Valdecasas

Lindh

Delivered in open court in Luxembourg on 10 April 2003.

H. Jung

R. García-Valdecasas

Registrar

President