Case T-146/02: Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, fruit juice, fruit product, trade-mark law

C 180/24

EN

Official Journal of the European Communities

27.7.2002

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE PRESIDENT OF COURT OF FIRST
INSTANCE

of 18 April 2002

of 29 April 2002

in Case T-238/00: International and European Public
Services Organisation (IPSO) and the Union of Staff of
the European Central Bank (USE) v European Central
Bank (1)

(European Central Bank — Refusal to amend the conditions
of employment and the rules applicable to the staff —
Unions — Action for annulment — Inadmissibility)

(2002/C 180/41)

(Language of the case: German)

In Case T-238/00: International and European Public Services
Organisation (IPSO), established in Frankfurt am Main, Ger-
many, and the Union of Staff of the European Central Bank
(USE), established in Frankfurt am Main, represented by
Christian Roth, Tanja Raab-Rhein and Michael Roth, Rechtsan-
wälte, with an address for service in Luxembourg, against
European Central Bank (Agents:
J. M. Ferna´ndez Martı´n,
J. Sa´nchez Santiago and B. Wägenbaur) — application for
annulment of
the
European Central Bank of 7 July 2000 refusing to consider the
requests submitted by the applicants seeking the amendment
of certain provisions of the conditions of employment of the
staff at the European Central Bank and of the rules applicable
to the staff of the European Central Bank — the Court of First
Instance (Fourth Chamber), composed of M. Vilaras, President,
V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, made an
order on 18 April 2002, the operative part of which is as
follows:

the Vice-President of

the decision of

1.

2.

The application is dismissed as inadmissible.

The applicants shall bear their own costs and pay those incurred
by the defendant.

(1) OJ C 335 of 25.11.2000.

in Case T-300/01 R, Carlo de Nicola v European Invest-
ment Bank

(Procedure for interim relief — Suspension of operation of a
measure — Urgency — Absence)

(2002/C 180/42)

(Language of the case: Italian)

In Case T-300/01 R, Carlo de Nicola, resident in Rome,
represented by L. Isola, lawyer, against European Investment
Bank (Agents: C. Go´ mez de la Cruz and C. Camilli) —
application for suspension of the operation of the decision of
the European Investment Bank dismissing the applicant — the
President of the Court of First Instance made an order on
29 April 2002, the operative part of which is as follows:

1.

2.

The application for interim measures is dismissed;

The costs are reserved.

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case T-146/02)

(2002/C 180/43)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 724/
1999-2, relating to Community trade mark application
in so far as it relates to goods in
number 573 725,
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

27.7.2002

EN

Official Journal of the European Communities

C 180/25

— order the defendant to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

Trade mark applied for:

Goods or services:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 725

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

Decision of the Board of
Appeal:

Pleas in law relied on:

Dismissal of the applicant’s appeal

— Infringement

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

— No need to refuse the mark

claimed registration

— Infringement

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

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 748/
1999-2, relating to Community trade mark application
in so far as it relates to goods in
number 573 303,
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

— order the defendant to pay the costs.

Pleas in law and main arguments

Trade mark applied for:

Three-dimensional mark in the
shape of an upright bottle —
application No 573 303

Goods or services:

After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices)

Decision
before
Appeal:

contested
the Board of

Refusal to register by the Exam-
iner

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

Action brought on 8 May 2002 by SiSi-Werke GmbH &
Co. Betriebs KG against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

Pleas in law relied on:

— Infringement

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

— No need to refuse the mark

claimed registration

— Infringement

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

— German registrations

for

upright bottles

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(Case T-147/02)

(2002/C 180/44)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.