Judgment of the Court of First Instance of 31 January 2001 in Case T-136/99: Taurus-Film GmbH & Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Term CINE COMEDY — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), data recording

C 134/18

EN

Official Journal of the European Communities

5.5.2001

(Agents:

Bar, with an address for service in Luxembourg at the offices
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v
J. Schoo, H. von Hertzen,
European Parliament
D. Moore and D. Waelbroeck) — application,
for
annulment of the decisions of the Parliament not to appoint the
applicants to the post of Director-General of the Directorate-
General for Finance and Financial Control and of the decision
appointing another candidate to that post and, second, for
damages — the Court of First Instance (Fifth Chamber),
composed of: R. Garcı´a-Valdecasas, President, and P. Lindh
and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment
on 16 January 2001, in which it:

first,

1. Dismisses the actions;

2. Orders the parties to bear their own costs.

— cultural activities; organisation and conducting of shows,
quizzes and musical events and conducting competitions
in the entertainment field, with a view to their broadcast-
ing either at a subsequent
time or live on radio or
television; production of television and radio advertising
broadcasts including associated prize game broadcasts;
organising competitions in the entertainment field; organ-
ising concerts, theatre events and variety shows, all falling
under Class 41;

— management and exploitation of copyright and industrial
property rights for others; technical consultancy in the
field of multimedia, interactive television and Pay TV (in
so far as included in Class 42); computer programming,
including video and computer games, all falling under
Class 42;

(1) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999.

2. Dismisses the appeal as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 246 of 28.8.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-135/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE ACTION — Absol-
ute grounds for refusal — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2001/C 134/38)

(Language of the case: German)

In Case T-135/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
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 19 March 1999 (Case
R 98/98-3), concerning the registration of the term CINE
ACTION as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 19 March 1999 (Case R 98/98-3) in so far as it
concerns the following services:

— allocation and transfer of rights of access for users of
various communication networks, falling under Class 38;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-136/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE COMEDY —
Absolute grounds for refusal — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2001/C 134/39)

(Language of the case: German)

In Case T-136/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
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 19 March 1999 (Case
R 97/98-3), concerning the registration of the term CINE
COMEDY as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, 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 134/19

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 19 March 1999 (Case R 97/98-3) in so far as it
concerns the following services:

— allocation and transfer of rights of access for users of
various communication networks, falling under Class 38;

— cultural activities; organisation and conducting of shows,
quizzes and musical events and conducting competitions
in the entertainment field, with a view to their broadcast-
time or live on radio or
ing either at a subsequent
television; production of television and radio advertising
broadcasts including associated prize game broadcasts;
organising competitions in the entertainment field; organ-
ising concerts, theatre events and variety shows, all falling
under Class 41;

— management and exploitation of copyright and industrial
property rights for others; technical consultancy in the
field of multimedia, interactive television and Pay TV (in
so far as included in Class 42); computer programming,
including video and computer games, all falling under
Class 42;

2. Dismisses the appeal as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 246 of 28.8.99.

selection board of 21 June 1999 confirming that
initial
decision following a re-examination thereof and, second, of all
subsequent steps taken and measures adopted in the said
competition — the Court of First Instance (Single Judge:
A.W.H. Meij);
for the
Registrar, has given a judgment on 17 January 2001, in which
it:

J. Palacio Gonza´lez, Administrator,

1. Dismisses the application;

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 31 January 2001

in Case T-193/99: Wm. Wrigley Jr. Company v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term DOUBLEMINT — Absol-
ute ground for refusal — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2001/C 134/41)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Language of the case: English)

of 17 January 2001

in Case T-189/99: Ioannis Gerochristos v Commission of
the European Communities (1)

(Competition COM/A/12/98 — Action for annulment —
Pre-selection tests — Retroactive cancellation of certain
multiple-choice questions — Principle of equal treatment of
candidates — Obligation to provide a statement of reasons)

(2001/C 134/40)

(Language of the case: Greek)

In Case T-189/99: Ioannis Gerochristos, residing in Thessaloni-
ki (Greece), represented by N. Korogiannakis, of the Athens
Bar, with an address for service in Luxembourg at the offices
of Brown Holding SA, 310 Route d’Esch, v Commission of the
European Communities (Agents: G. Valsesia and M. Condou
Durande) — application for annulment, first, of the decision
of 30 April 1999 of the selection board in competition
COM/A/12/98 excluding the applicant from the tests sub-
sequent to the pre-selection test and of the decision of that

In Case T-193/99: Wm. Wrigley Jr. Company, established in
Chicago, Illinois, United States of America, represented by
M. Kinkeldey, Rechtsanwalt, Munich, 58 Maximilianstraße,
Munich, Germany, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
V. Melgar and S. Laitinen) — application for annulment of the
the Office for
decision of the First Board of Appeal of
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 16 June 1999 (Case R 216/1998-1) concerning
the registration of the term DOUBLEMINT as a Community
trade mark — the Court of First Instance (Second Chamber),
composed of: J. Pirrung, President, A. Potocki and A.W.H. Meij,
Judges; B. Pastor, Principal Administrator, for the Registrar,
has given a judgment on 31 January 2001, in which it:

1. Annuls the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade marks and
Designs) of 16 June 1999 (Case R 216/1998-1);

2. Orders the defendant to pay the costs.

(1) OJ C 333 of 20.11.99.