Judgment of the Court of First Instance 27 February 2002 in Case T-34/00: Eurocool Logistik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — EUROCOOL — Observance of the rights of defence — Absolute ground for refusal — Distinctive character — Article (7)(1)(b) of Regulation (EC) No 40/94)
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: Austria, EU office or agency, EU trade mark, action for annulment (EU), carriage of goods, single market

C 144/40

EN

Official Journal of the European Communities

15.6.2002

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

3. Orders the interveners to bear their own costs.

incurred by the applicants.

(1) OJ C 47 of 19.2.2000.

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

26 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-17/00: Willi Rothley e.a. v European Parlia-
ment (1)

(Measure of the Parliament — Action for annulment —
Admissibility — Immunity of Members of the Parliament
— European Anti-Fraud Office (OLAF) — Powers of
investigation)

(2002/C 144/84)

(Language of the case: German)

27 February 2002

in Case T-34/00: Eurocool Logistik GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — EUROCOOL — Observance of
the rights of defence — Absolute ground for refusal —
Distinctive character — Article (7)(1)(b) of Regulation (EC)
No 40/94)

(Agents:

(Agents:

the European Communities

In Case T-17/00, Willi Rothley, residing at Rockenhausen
(Germany), and the 70 other applicants whose names appear
in the Annex hereto, represented by H.-J. Rabe and G. Berrisch,
lawyers, v European Parliament
J. Schoo and
H. Krück), supported by Council of the European Union
(Agents: J. Aussant, M. Bauer and I. Dı´ez Parra), Commission
J.-L. Dewost,
of
H.-P. Hartvig and U. Wölker), Kingdom of the Netherlands
(Agents: H. G. Sevenster and J. van Bakel) and French Republic
(Agents: G. de Bergues, S. Pailler, C. Vasak and L. Bernheim):
Application for annulment of the Parliament’s decision of
18 November 1999 on the amendments to the Rules of
Procedure following the Interinstitutional Agreement of
25 May 1999 between the Parliament, the Council and the
Commission on the internal investigations conducted by the
European Anti-Fraud Office (OLAF), Court of First Instance
(Fifth Chamber), composed of: P. Lindh, President, R. Garcı´a-
Valdecasas and J. D. Cooke, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 26 February
2002, in which it:

(2002/C 144/85)

(Language of the case: German)

In Case T-34/00, Eurocool Logistik GmbH, established in Linz
(Austria), represented by G. Secklehner, lawyer, with an address
for service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
O. Montalto, E. Joly and G. Schneider): Action brought against
the decision of the First Board of Appeal of the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) of 9 December 1999 (Case R 233/1999-1), concern-
ing registration of the term EUROCOOL 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:

1. Dismisses the action as inadmissible;

2. Orders the applicants to pay their own costs and those incurred
by the defendant in the main proceedings and in the application
for interim relief;

1. Annuls paragraph 1 of the operative part of the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 9 December
1999 (Case R 233/1999-1);

2. Dismisses the remainder of the application;

15.6.2002

EN

Official Journal of the European Communities

C 144/41

3. Orders the defendant to pay the costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 122 of 29.4.2000.

27 February 2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

27 February 2002

in Case T-79/00: Rewe Zentral AG v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — ‘LITE’ — Observance of the
rights of defence — Immaterial plea — Absolute ground for
refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 144/86)

(Language of the case: German)

In Case T-79/00, Rewe Zentral AG, established in Cologne
(Germany), represented by M. Kinkeldey, lawyer, v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agents: initially V. Melgar and P. von Kapff,
and, subsequently, Melgar and G. Schneider): 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 27 January 2000 (Case R 275/1999-3) concerning
the registration of ‘LITE’ 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; D. Christensen, Administrator, for the Registrar, has
given a judgment on 27 February 2002, in which it:

1. Dismisses the application;

2. Orders each party to bear its own costs.

in Case T-106/00: Streamserve Inc. v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Term STREAMSERVE — Absol-
ute grounds for refusal — Article 7(1)(b) and (c) of
Regulation (EC) No 40/94 — Prior national registrations —
Principle of non-discrimination)

(2002/C 144/87)

(Language of the case: English)

In Case T-106/00, Streamserve Inc., established in Raleigh,
North Carolina (United States of America), represented by
M. Nedstrand, lawyer, v Commission of the European Com-
munities (Agents: A. di Carlo and G. Humphreys): 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 28 February 2000 (Case R 423/1999-
2) concerning registration of the term STREAMSERVE 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 March 2002, in
which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 28 February 2000 (Case R 423/1999-2) as
regards goods in the categories ‘manuals’ and ‘publications’;

2.

For the rest, dismisses the application;

3. Orders the applicant to bear it own costs and to pay two thirds
of the defendant’s costs and orders the defendant to bear one
third of its own costs.

(1) OJ C 163 of 10.6.2000.

(1) OJ C 176 of 24.6.2000.