Judgment of the Court of First Instance 11 December 2001 in Case T-138/00: Erpo Möbelwerk GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "DAS PRINZIP DER BEQUEMLICHKEIT" — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
Date: 2002-04-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU)

6.4.2002

EN

Official Journal of the European Communities

C 84/57

vessels, the Court of First Instance of the European Communi-
ties (Third Chamber), composed of: J. Azizi, President, K. Le-
naerts and M. Jaeger, Judges, Registrar: J. Palacio Gonza´lez,
Administrator, has given a judgment on 6 December 2001, in
which it:

2. Orders the Commission to bear its own costs and to pay one

half of the applicant’s costs.

(1) OJ C 211 of 22.7.2000.

1. Dismisses the action;

2. Orders the applicants to pay the costs.

(1) OJ C 333 of 20.11.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 December 2001

in Case T-125/00: Joaquı´n Lo´ pez Madruga v Commission
of the European Communities (1)

(Officials — Transfer of part of remuneration in the
currency of a Member State other than that of the country
in which the institution has its seat — Article 17(2)(a) and
(b) of Annex VII to the Staff Regulations — Combined
application)

(2002/C 84/105)

(Language of the case: Spanish)

In Case T-125/00: Joaquı´n Lo´ pez Madruga, an official of
the Commission of the European Communities, residing in
Brussels, represented by J.R. Iturriagagoitia, lawyer, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: J. Currall, J. Rivas Andres and
J.J. Guttierrez Gisbert) — application for partial annulment of
the decision implicitly rejecting the applicant’s request of
12 October 1999 for the transfer of part of his remuneration
under Article 17 of Annex VII to the Staff Regulations — the
Court of First Instance (Single Judge: A.W.H. Meij); H. Jung,
Registrar, has given a judgment on 4 December 2001, in
which it:

1. Annuls the implicit decision of the Commission of 23 March
2000 in so far as it limits to 19 % of the applicant’s net
monthly remuneration the amount which he may transfer
pursuant
to the Staff
Regulations;

to Article 17(2)(b) of Annex VII

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2001

in Case T-138/00: Erpo Möbelwerk GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — ‘DAS PRINZIP DER BEQUEM-
refusal —
LICHKEIT’ — Absolute

grounds

for

Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2002/C 84/106)

(Language of the case: German)

In Case T-138/00, Erpo Möbelwerk GmbH, established in
Ertingen (Germany), represented by S. von Petersdorff-Camp-
en, Rechtsanwalt, with an address for service in Luxembourg,
v Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM), represented by F. Lo´ pez de Rego and
G. Schneider, acting as Agents, with an address for service in
Luxembourg: action brought against the decision of the Third
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 23 March 2000
(Case R 392/1999-3) concerning the registration of ‘DAS
PRINZIP DER BEQUEMLICHKEIT’ as a Community trade
mark, the Court of First Instance (Fourth Chamber), composed
of: P. Mengozzi, President, V. Tiili and R.M. Moura Ramos,
Judges, Registrar: J. Palacio Gonza´lez, Administrator, has given
a judgment on 11 December 2001, in which it has ruled:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 23 March 2000 (Case R 392/1999-3);

2. Orders the Office to bear its own costs and to pay those of the

applicant.

(1) OJ C 233 of 12.8.2000.