Judgment of the Court of First Instance of 19 September 2001 in Case T-117/00: Procter & Gamble Company 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: 2002-01-05
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, Netherlands, action for annulment (EU), designs and models, polishing and scouring preparations, trade mark

C 3/26

EN

Official Journal of the European Communities

5.1.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 October 2001

of 19 September 2001

in Case T-111/00: British American Tobacco International
(Investments) Ltd v Commission of the European Com-
munities (1)

in Case T-117/00: Procter & Gamble Company v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Decision 94/90/ECSC, EC, Euratom — Public access to
Commission documents — Minutes of the Committee on
Excise Duties — Partial access — Exception — Identities of
national delegations — Protection of an institution’s interest
in the confidentiality of its proceedings)

(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)

(2002/C 3/43)

(Language of the case: English)

(2002/C 3/44)

(Language of the case: English)

In Case T-111/00: British American Tobacco International
(Investments) Ltd, established in London (United Kingdom),
represented by S. Crosby, Solicitor, against Commission of the
European Communities (Agents: U. Wölker and X. Lewis) —
the Commission’s decision
application for annulment of
partially refusing an application for access to certain minutes
of the Committee on Excise Duties — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
M. Vilaras and N.J. Forwood, Judges; H. Jung, Registrar, has
given a judgment on 10 October 2001, in which it:

In Case T-117/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by
C.J.J.C. van Nispen and G. Kuipers, 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. Schennen and C. Røhl Søberg)
— application brought against the decision of the First Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 8 March 2000 (Case
R-509/1999-1), which was notified to the applicant on
13 March 2000 — 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:

1. Annuls the Commission’s decision partially to reject an appli-
cation for access to certain minutes of the Committee on Excise
Duties.

1. Dismisses the action;

2. Orders the Commission to pay the costs.

2. Orders the parties to bear their own costs.

(1) OJ C 192 of 8.7.2000.

(1) OJ C 192 of 8.7.2000.