Judgment of the Court of First Instance of 31 January 2001 in Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Word mark Giroform — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Descriptive character)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), paper, printing, trade mark

C 134/20

EN

Official Journal of the European Communities

5.5.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 December 2000

in Case T-213/99: Luc Verheyden v Commission of the
European Communities (1)

(Officials — Action for annulment — Measures and instruc-
tions falling within the ambit of discipline in the workplace
— Measure adversely affecting an official — Action for
damages — Inadmissibility)

(2001/C 134/42)

(Language of the case: French)

In Case T-213/99: Luc Verheyden, an official of the Com-
mission of the European Communities, residing at Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an
the Chambers of
address for service in Luxembourg at
L. Schiltz, 2 Rue du Fort Rheinsheim, v Commission of the
European Communities (Agents: C. Berardis-Kayser and A. Dal
Ferro) — application, first, for annulment of the note dated
10 November 1998 from the head of the Logistics unit in
the Infrastructure Directorate for the Ispra site and of the
administration’s refusal dated 16 November 1998 to withdraw
that note, and, second, for compensation for the non-material
damage allegedly suffered — the Court of First Instance (Fifth
Chamber), composed of: P. Lindh, President, and R. Garcı´a-
Valdecasas and J.D. Cooke, Judges; B. Pastor, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 December
2000, in which it:

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 333 of 20.11.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 November 2000

in Case T-261/99: Jean Dehon v European Parliament (1)

(Officials — Promotion — Notice of vacancy — Examin-
ation of comparative merits — Equal opportunities)

(2001/C 134/43)

(Language of the case: French)

In Case T-261/99: Jean Dehon, an official of the European
Parliament, residing at Hagen (Luxembourg), 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,

v European Parliament (Agents: H. von Hertzen and J. Sant’An-
na) — application for annulment, first, of the decision of the
European Parliament rejecting the application by the applicant
for the post of Deputy Head of the French Translation Division,
as referred to in Vacancy Notice No 8503, and, second, of the
decision appointing Ms W. to that post — the Court of First
Instance (First Chamber), composed of: B. Vesterdorf, President,
and M. Vilaras and N.J. Forwood, Judges; B. Pastor, Principal
Administrator, for the Registrar, has given a judgment on
15 November 2000, in which it:

1. Annuls the decision of the European Parliament rejecting the
application by the applicant and appointing Ms W. to the post
of Deputy Head of the French Translation Division, as referred
to in Vacancy Notice No 8503;

2. Orders the European Parliament to pay the costs.

(1) OJ C 6 of 8.1.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH
v Office for Harmonisation in the Internal Market (Trade
marks and Designs) (OHIM) (1)

(Community trade mark — Word mark Giroform — Absol-
ute grounds for refusal — Article 7(1)(b) and (c) of
Regulation (EC) No 40/94 — Descriptive character)

(2001/C 134/44)

(Language of the case: German)

In Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH,
formerly Stora Carbonless Paper GmbH, established in Bielefeld
(Germany), represented by U. Ulrich, Rechtsanwalt, Düsseldorf,
with an address for service in Luxembourg at the Office de
Brevets Ernest T. Freylinger, 234 Route d’Arlon, against Office
for Harmonisation in the Internal Market (Trade marks and
Designs) (OHIM) (Agents: E. Joly, P. von Kapff, and A. von
Mühlendahl) — application for annulment of the decision of
the Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade marks and Designs) of 8 September
1999 in Case R 175/1999-3 refusing registration of the word
‘Giroform’ 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
31 January 2001, in which it:

5.5.2001

EN

Official Journal of the European Communities

C 134/21

1. Dismissed the application;

ORDER OF THE COURT OF FIRST INSTANCE

2. Ordered the applicant to pay the costs.

of 17 January 2001

(1) OJ C 79 of 18.3.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 January 2001

in Case T-65/00: Angeliki Ioannou v Council of the
European Union (1)

(Officials — Refusal of recruitment — Physical unfitness
— Opinion of the medical board — Judicial review —
Comprehensible link between the medical findings and the
conclusion of unfitness)

(2001/C 134/45)

(Language of the case: French)

In Case T-65/00: Angeliki Ioannou, a former employee of the
Economic Union between Belgium,
the Netherlands and
Luxembourg (Benelux) assigned to the Schengen Secretariat,
residing in Brussels, represented by J. van Rossum, of the
Brussels Bar, with an address for service in Luxembourg at the
offices of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Council of the European Union (Agents: F. Anton and M. Bauer)
— application for annulment of the Council’s decision of
21 May 1999 refusing to appoint the applicant a probationary
official upon the integration of the Schengen Secretariat into
the General Secretariat of the Council on the ground of
physical unfitness to perform the duties envisaged — the Court
of First Instance (Third Chamber), composed of: J. Azizi,
President, and K. Lenaerts and M. Jaeger, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 18 January 2001, in which it:

1. Annuls the decision of the Council of 21 May 1999 refusing
the applicant a probationary official upon the
to appoint
integration of the Schengen Secretariat into the Secretariat of
the Council on the ground of physical unfitness to perform the
duties envisaged;

2. Orders the Council to pay the costs.

(1) OJ C 135 of 13.5.2000.

in Case T-124/99: Autosalone Ispra dei Fretelli Rossi Snc
v European Atomic Energy Authority, represented by the
Commission of the European Communities (1)

(Action for compensation — Non-contractual liability —
Flood — Obstruction of a drain — Time-limit — No effect
on running of time)

(2001/C 134/46)

(Language of the case: Italian)

In Case T-124/99: Autosalone Ispra dei Fratelli Rossi Snc,
established in Ispra (Italy), represented by F. Venuti, of the
Busto Arsizio Bar, with an address for service in Luxembourg
at the Chambers of A. Kronshagen, 22 Rue Marie-Adelaïde,
against European Atomic Energy Community, represented
by the Commission of the European Communities (Agents:
H. Speyart and P. Stancanelli) — application for a declaration
that the European Atomic Energy Community is liable for the
harm sustained by the applicant following a flood in Ispra
during the night of 1-2 June 1992 and, accordingly, for an
order that that Community is to make good that damage —
the Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, has made an order on 17 January 2001, the
operative part of which is as follows:

1.

2.

The application is dismissed as manifestly inadmissible;

The applicant is ordered to bear its own costs and to pay those
incurred by the Commission.

(1) OJ C 226, 7.8.1999, p. 39.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 January 2001

in Case T-149/00: Innova, Centro Euromediterraneo per
lo Sviluppo Sostenibile v Commission of the European
Communities (1)

(Action for annulment — Action concerning what is in fact
a dispute of a contractual nature — Lack of jurisdiction of
the Court of First Instance)

(2001/C 134/47)

(Language of the case: French)

In Case T-149/00: Innova, Centro Euromediterraneo per lo
Sviluppo Sostenibile, established at Calatafimi (Italy), represent-