Judgment of the Court of First Instance 7 February 2002 in Case T-88/00: Mag Instrument Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Torch shape — Three-dimensional mark — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: EU office or agency, EU trade mark, United States, action for annulment (EU), brand name, single market

C 109/44

EN

Official Journal of the European Communities

4.5.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-88/00: Mag Instrument Inc. v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Torch shape — Three-dimen-
sional mark — Absolute ground for refusal — Distinctive
character — Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 109/87)

(Language of the case: German)

In Case T-88/00, Mag Instrument Inc., established in Ontario
(United States of America), represented by A. Nette, W. von
der Osten-Sacken, H. Stratmann, G. Rahn and U. Hocke,
lawyers, with an address for service in Luxembourg v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM)
(agents: A. von Mühlendahl, E. Joly and
S. Bonne): Action brought against the decision of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 14 February
2000 (Cases R-237/1999-2 to R-241/1999-2) refusing regis-
tration of five three-dimensional trade marks consisting of
torch shapes, Court of First
Instance (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura
Ramos, Judges; D. Christensen, Administrator, Registrar, has
given a judgment on 7 February 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 163 of 10.6.2000.

represented by J.-N. Louis and V. Peere,
lawyers, with an
address for service in Luxembourg, against Commission of the
European Communities (Agent: J. Currall) — application for
annulment of the decision of the Commission of 8 October
1999 fixing, with effect from 16 January 1999, the applicant’s
definitive classification in Grade A 7, step 1 — the Court of
First Instance (Fourth Chamber), composed of M. Vilaras,
President, V. Tiili and P. Lindh, Judges; J. Palacio Gonza´lez,
Administrator, for the Registrar, gave a judgment on 31 Janu-
ary 2002, in which it:

1.

2.

annuls the decision of the Commission of 8 October 1999
fixing, with effect from 16 January 1999, the applicant’s
definitive classification in Grade A 7, step 1.

orders the Commission to pay the costs.

(1) OJ 2000 C 285.

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-211/00: Aldo Kuijer v Council of the European
Union (1)

(Transparency — Council Decision 93/731/EC on public
access to Council documents — Refusal of an application for
access — Protection of the public interest — International
relations — Manifest error — Partial (access)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2002

(2002/C 109/89)

in Case T-206/00: Merja Hult v the Commission of the
European Communities (1)

(Language of the case: English)

(Officials — Classification — Statement of reasons —
Article 32 of the Staff Regulations — Commission decision
on the criteria applicable to appointment to grade and
classification in step on recruitment — Additional seniority
in grade — Conditions — Principle of legal certainty)

(2002/C 109/88)

(Language of the case: French)

In Case T-206/00: Merja Hult, an official of the Commission of
the European Communities, residing in Howald (Luxembourg),

In Case T-211/00, Aldo Kuijer, residing in Utrecht (Nether-
lands), represented by O.W. Brouwer and T. Janssens, lawyers,
with an address for service in Luxembourg, v Council of the
European Union (agents: M. Bauer and M. Bishop): Application
the Council’s decision notified to the
for annulment of
applicant by letter of 7 June 2000 refusing him access to
certain documents from the Centre for Information, Discussion
and Exchange on Asylum (‘CIREA’) which were requested
under Council Decision 93/731/EC of 20 December 1993 on
public access to Council documents (OJ 1993 L 340, p. 43),
Instance (Fourth Chamber), composed of:
Court of First