Judgment of the Court of First Instance of 5 December 2000 in Case T-32/00: Messe München GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark— "electronica" — Absolute ground for refusal — Lack of distinctive character — Descriptiveness — Articles 7(1)(b) and (c) of Regulation (EC) No 40/94 — Fee for appeal — Article 44 of Regulation (EC) No 40/94)
Date: 2001-04-21
Institutions: Court of First Instance
Subjects: EU office or agency, Germany, action for annulment (EU), brand name, domestic market, trade event

21.4.2001

EN

Official Journal of the European Communities

C 118/35

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 December 2000

of 5 December 2000

in Case T-352/99: M v Commission of the European
Communities (1)

in Case T-32/00: Messe München GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Officials — Sick leave — Leave regarded as unauthorised
— Deduction from annual leave entitlement — Articles 59
and 60 of the Staff Regulations — Refusal of medical
certificate — Absence of fewer than 4 days — Effects of
medical examination)

(Community trade mark— ‘electronica’ — Absolute ground
for refusal — Lack of distinctive character — Descriptiveness
— Articles 7(1)(b) and (c) of Regulation (EC) No 40/94 —
Fee for appeal — Article 44 of Regulation (EC) No 40/94)

(2001/C 118/99)

(Language of the case: French)

(2001/C 118/100)

(Language of the case: German)

In Case T-352/99: M, an officials of the Commission of the
European Communities, residing in Brussels, represented by
J.-N. Louis, G.-F. Parmentier and V. Peere, of the Brussels Bar,
with an address for service in Luxembourg at the offices of
Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, against
the Commission of
the European Communities (Agents:
C. Berardis-Kayser and F. Clotuche-Duvieusart) — application
for annulment of the Commission’s decision of 9 February
1999 considering the applicant’s absences
from 8 to
17 December 1998 and of 25 January 1999 to have been
unauthorised and deducting them from annual
leave
entitlement — the Court of First
Instance (Single Judge
Chamber: R.M. Moura Ramos); G. Herzig, administrator, for
the Registrar, gave a judgment on 14 December 2000, in
which it:

(OHIM)

In Case T-32/00: Messe München GmbH, established in
Munich, Germany, represented by M. Graf of the Munich Bar,
Mitscherlich & Partner, 33 Sonnenstraße, Munich, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs)
(Agents: D. Schennen and A. von
Mühlendahl) — application for annulment of the Decision of
the Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 17 December
1999 (Case R 177/1998-2) refusing registration of the sign
‘electronica’ as a Community trade mark — the Court of First
Instance (Fourth Chamber), composed of: V. Tiili, President,
Judges; G. Herzig,
R.M. Moura Ramos and P. Mengozzi,
Administrator, for the Registrar, has given a judgment on
5 December 2000, in which it:

1. Annuls

the Commission’s decision of 9 February 1999
considering the applicant’s absences from 8 to 17 December
1998 and of 25 January 1999 to have been unauthorised and
deducting them from annual leave entitlement

1. Dismisses the action;

2.

The Commission shall bear all the costs.

2. Orders the applicant to pay the costs.

(1) OJ C 79 of 18.3.2000.

(1) OJ C 135 of 13.5.2000.