Judgment of the Court of First Instance of 13 June 2002 in Case T-232/00: Chef Revival USA Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) (Community trade mark — Opposition proceedings — Failure to produce evidence in the language of the opposition proceedings — Rule 18(2) of Regulation (EC) No 2868/95)
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 202/22

EN

Official Journal of the European Communities

24.8.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 June 2002

in Case T-232/00: Chef Revival USA Inc. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) (1)

(Community trade mark — Opposition proceedings —
Failure to produce evidence in the language of the opposition
proceedings — Rule 18(2) of Regulation (EC) No 2868/95)

(2002/C 202/31)

(Language of the case: English)

In Case T-232/00, Chef Revival USA Inc., established in Lodi,
New Jersey (United States), represented by N. Jenkins, Solicitor,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs)(OHIM) (Agent: A. von Mühlendahl), defendant, the
other party to the proceedings before the Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) being Joachı´n Massagué Marı´n, of Sabadell
(Spain): 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 26 June 2000 (Case
R 181/1999-3), as corrected by corrigendum of 6 July 2000,
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 13 June 2002, in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 26 June 2000 (Case R 181/1999-3), as rectified
by corrigendum of 6 July 2000;

2. Orders the Office to pay the costs.

(1) OJ C 316 of 4.11.2000.

the European Communities (Agents: R. Tricot and R. Wain-
wright): Application for annulment of
the Commission’s
decision of 29 June 2000 (C (2000) 1684 final) to the effect
that repayment to the applicant of import duties is not justified,
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; B. Pastor,
Principal Administrator, for the Registrar, has given a judgment
on 4 July 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the defendant’s costs in addition to

its own.

(1) OJ C 335 of 25.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 June 2002

in Case T-311/00: British American Tobacco (Invest-
ments) Ltd v Commission of the European Communi-
ties (1)

(Decision 94/90/ECSC, EC, Euratom — Public access to
Commission documents — Whether documents exist — No
need to proceed to judgment — Costs caused unreasonably
or vexatiously)

(2002/C 202/33)

(Language of the case: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 July 2002

in Case T-239/00: SCI UK Ltd v Commission of the
European Communities (1)

(Repayment of import duties — Article 13 of Regulation
(EEC) No 1430/79 — Meaning of ‘special situation’)

(2002/C 202/32)

(Language of the case: English)

In Case T-239/00, SCI UK Ltd, established in Irvine (United
Kingdom), represented by L. Allen, Barrister, v Commission of

In Case T-311/00, British American Tobacco (Investments)
Ltd, established in London (United Kingdom), represented
by S. Crosby, Solicitor, v Commission of
the European
Communities (Agents: U. Wölker, X. Lewis and M. Shotter):
Application for annulment of the Commission’s decision of
7 September 2000 refusing to grant access to certain docu-
ments concerning preparatory work relating to the proposal
for a directive of the European Parliament and of the Council
(COM(1999) 594 final), presented by the Commission on
7 January 2000, on the approximation of the laws, regulations
and administrative provisions of the Member States concerning
the manufacture, presentation and sale of tobacco products
(OJ 2000 C 150 E, p. 43), the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 25 June 2002, in which
it: