Judgment of the Court of First Instance 20 February 2002 in Case T-170/00: Förde-Reederei GmbH v Council of the European Union and Commission of the European Communities (Non-contractual liability of the Community — Directive 92/12/EEC on the general arrangements for products subject to excise duty — Damage caused by transitional tax exemption arrangements for products bought by travellers during sea-crossings between two Member States)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Commission, appeal to an administrative authority, freedom to provide services, rule of law, tax exemption

C 144/42

EN

Official Journal of the European Communities

15.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

20 February 2002

27 February 2002

in Case T-170/00: Förde-Reederei GmbH v Council of
the European Union and Commission of the European
Communities (1)

in Case T-219/00: Ellos AB v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Non-contractual liability of the Community — Directive
92/12/EEC on the general arrangements for products subject
to excise duty — Damage caused by transitional tax exemp-
tion arrangements for products bought by travellers during
sea-crossings between two Member States)

(Community trade mark — ELLOS — Absolute ground for
refusal — Descriptive nature — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2002/C 144/89)

(2002/C 144/88)

(Language of the case: English)

(Language of the case: German)

In Case T-170/00, Förde-Reederei GmbH, established in Flens-
burg (Germany), represented by U. Schrömbges and L. Harings,
lawyers, with an address for service in Luxembourg, v Council
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)
and Commission of
the European Communities (Agents:
E. Traversa, R. Lyal and K. Gross): Application seeking
compensation for damage allegedly suffered following the
expiry of the transitional tax exemption arrangements pro-
vided by Article 28 of Council Directive 92/12/EEC of
25 February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and
monitoring of such products (OJ 1992 L 76, p. 1), Court of
First Instance (Second Chamber), composed of: R. M. Moura
Ramos, President,
Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 20 February 2002, in which it:

J. Pirrung and A. W. H. Meij,

In Case T-219/00, Ellos AB, established in Borås (Sweden),
lawyer, v Commission of the
represented by G. Bergqvist,
European Communities (Agents: F. Lo´ pez de Rego and
J. F. Crespo Carrillo): Action brought against the decision of
the First Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 15 June
2000 (Case R 385/1999-1), refusing registration of the term
ELLOS as a Community trade mark, Court of First Instance
(Fourth Chamber), composed of: P. Mengozzi, President,
V. Tiili and R. M. Moura Ramos,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
27 February 2002, in which it:

1. Annuls the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 15 June 2000 (Case R 385/1999-1) in so far as
it concerns services falling within Class 35 of
the Nice
Agreement and corresponding to the following description:
‘customer services for mail-order sales’;

1. Dismisses the application;

2. Dismisses the remainder of the application;

2. Orders the applicant to pay all the costs.

3. Orders the parties to bear their own costs.

(1) OJ C 259 of 9.9.2000.

(1) OJ C 316 of 4.11.2000.