Judgment of the Court of First Instance of 19 September 2001 in Case T-335/99: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Shape of a product for washing machines or dishwashers — Three-dimensional mark — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: EU law, European Union Intellectual Property Office, action for annulment (EU), polishing and scouring preparations, trade mark

C 369/12

EN

Official Journal of the European Communities

22.12.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

COURT OF FIRST INSTANCE

of 13 September 2001

of 19 September 2001

in Case T-160/99: Gunnar Svantesson and Others v
Council of the European Union (1)

(Officials — Internal competition — Composition of selec-
tion board)

(2001/C 369/18)

(Language of the case: French)

in Case T-335/99: Henkel KGaA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Shape of a product for washing
machines or dishwashers — Three-dimensional mark —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

In Case T-160/99: Gunnar Svantesson, an official of the
Council of the European Union, residing in Brussels, Lena
Hellsten, an official of the Council of the European Union,
former official of the
residing in Brussels. Monica Hägg,
Council of the European Union, residing in Brussels, represent-
ed by M.-A. Lucas, avocat, with an address for service in
Luxembourg, against Council of the European Union (Agents:
M. Bauer and I. Lopez Cardoso) — application for the
annulment of the decisions of the selection board for Internal
Competition COUNCIL/LA/262 not to mark the optional
papers sat by the applicants and not to admit them to the oral
tests for that competition, and for the annulment of the whole
of that competition — the Court of First Instance (Fourth
Chamber), composed of P. Mengozzi, President, V. Tiili and
R.M. Moura Ramos, Judges; H. Jung, Registrar, gave a judgment
on 13 September 2001, in which it:

1. Annuls

the decisions of

Internal
Competition COUNCIL/LA/262 not to admit the applicants
to the oral tests and not to mark their optional papers for the
competition;

the selection board for

(2001/C 369/19)

(Language of the case: German)

In Case T-335/99: Henkel KGaA, established in Düsseldorf
(Germany), represented by H.F. Wissel and C. Osterrieth,
lawyers, with an address for service in Luxembourg, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
nen and S. Laitinen) — application brought against
the
decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 21 September 1999 (Case R 70/1999-3), which
was notified to the applicant on 28 September 1999 — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 19 September 2001, in which it:

2. Dismisses the remainder of the application;

1. Dismisses the action;

3. Orders the Council to pay the costs.

2. Orders the parties to bear their own costs.

(1) OJ C 281 of 2.10.1999.

(1) OJ C 63 of 4.3.2000.