Judgment of the Court of First Instance of 20 June 2001 in Case T-146/00 Stefan Ruf and Martin Stier v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Payment of the application fee after expiry of the time-limit of one month from filing of the application for registration — Lapse of the right to be accorded as a filing date the date when the application was lodged — Conditions for restitutio in integrum)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), clothing

C 259/10

EN

Official Journal of the European Communities

15.9.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 June 2001

of 27 June 2001

in Case T-146/00 Stefan Ruf and Martin Stier v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

in Case T-214/00: X v Commission of the European
Communities (1)

(Community trade mark — Payment of the application fee
after expiry of the time-limit of one month from filing of the
application for registration — Lapse of the right to be
accorded as a filing date the date when the application was
lodged — Conditions for restitutio in integrum)

(Officials — Official ordered to pay costs of earlier proceed-
ings — Part of salary withheld by the creditor institution by
way of compensation)

(2001/C 259/15)

(Language of the case: German)

In Case T-146/00 Stefan Ruf, of Ettlingen (Germany), Martin
Stier, of Pfinztal (Germany), represented by V. Spitz, A.N. Klin-
lawyers, with an address for service in
ger and A. Gaul,
Luxembourg, against Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agents: A. von
Mühlendahl, D. Schennen and E. Joly) — action against the
the Office for
decision of the First Board of Appeal of
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 28 March 2000 (Case R 198/1998-1) dismissing
the applicants’ request for their rights to be re-established by
according their application for registration a filing date of the
date when the application was lodged with the Office — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
J. Palacio Gonza´lez, Administrator, for the Registrar, has given
a judgment on 20 June 2001, in which it:

1. Dismisses the action;

(2001/C 259/16)

(Language of the case: French)

In Case T-214/00: X, an official of the Commission of the
European Communities, residing in Dalheim (Luxembourg),
represented by J. Choucroun,
lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: C. Berardis-Kayser and D. Martin) —
application for annulment of the decision of the Commission
to withhold part of the applicant’s monthly salary amounting
to LUF 120 000 — the Court of First Instance (Second
Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; H. Jung, Registrar, gave a judgment on
27 June 2001, in which it:

1. Annulled the Commission’s decision to withhold part of the
applicant’s monthly salary amounting to LUF 120 000.

2. Ordered the Commission to repay to the applicant the sum
corresponding to two deductions from salary of LUF 60 000,
together with interest at the rate of 6.5 % per annum, with
effect from the date on which those amounts were withheld and
until actual repayment.

2. Orders the applicants to pay the costs.

3. Ordered the Commission to pay the costs.

(1) OJ C 233 of 12.8.00.

(1) OJ C 316 of 4.11.00.