Judgment of the Court of First Instance of 25 September 2002 in Case T-316/00: Viking-Umwelttechnik GmbH v Office for Harmonisation in the Internal Market (Trade, Marks and Designs) (OHIM) (Community trade mark — Colours (green and grey) — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2002-12-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), agricultural implement, hand tool, tool industry, trade-mark law

7.12.2002

EN

Official Journal of the European Communities

C 305/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 September 2002

in Case T-316/00: Viking-Umwelttechnik GmbH v Office
for Harmonisation in the Internal Market (Trade, Marks
and Designs) (OHIM) (1)

(Community trade mark — Colours (green and grey) —
Absolute ground for refusal — Distinctive character —
Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 305/44)

(Language of the case: German)

In Case T-316/00, Viking-Umwelttechnik GmbH, established
in Kufstein (Austria), represented by S. Völker, lawyer, 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 First
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade, Marks and Designs) of 28 July 2000
(Case R 558/1999-1) refusing registration of a juxtaposition
of the colours green and grey as a Community trade mark, the
Court of First
Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Pling-
ers, Administrator, for the Registrar, has given a judgment on
25 September 2002, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 372 of 23.12.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 September 2002

in Case T-319/00: Chantal Borremans and Others v
Commission of the European Communities (1)

(Officials — Former agents of the European Association for
Cooperation — Refusal to appoint as established officials —
Action for annulment and compensation)

(2002/C 305/45)

(Language of the case: French)

In Case T-319/00: Chantal Borremans, residing in Brussels,
Annick Duez, residing in Baudour (Belgium), Ariane Dutrieux-

Verryck, residing in Brussels, Françoise Leroy, residing in
Villers-la-Ville (Belgium), Petra Schlueter, residing in Overijse
(Belgium), Lucia Talluto, residing in Brussels, Sandrine Tauber,
residing in Brussels, Jacqueline White, residing in Brussels,
Anne-Christine Ranglaret-Clément, residing in Brussels, Francy
Arnalsteen, residing in Genval (Belgium), Georges Anagnostar-
as, residing in Brussels, Jean-Pierre Dupriez, residing in Berloz
(Belgium), François Jurquet, residing in Brussels, Christian Eloy,
residing in Waterloo (Belgium), Jean-Pierre Kanyinda, residing
in Zellik (Belgium), Bernard Lion, residing in Brussels, Renato
Stella, residing in Brussels, Gérard Van Neylen, residing in
Brussels, represented initially by A. Evrard and A. Colson, then
by A. Colson and P.-P. Van Gehuchten,
lawyers, with an
address for service in Luxembourg, against the Commission
of the European Communities (Agents: initially, E. Tserepa
Lacombe and D. Martin; then, D. Martin and F. Clotuche-
Duvieusart) — application for annulment of the Commission’s
decision to refuse to appoint the applicants as established
officials or to offer them contracts as members of
the
temporary staff for an indefinite term and for compensation
of the damage suffered as a result of that decision — the Court
of First Instance (Third Chamber), composed of M. Jaeger,
President, K. Lenaerts and J. Azizi, Judges; Registrar: D. Chris-
tensen, Administrator, gave a judgment on 26 September
2002, in which it:

1. Dismissed the action

2. Ordered each of the parties to pay his or her own costs.

(1) OJ No C 372 of 23 December 2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 September 2002

in Case T-89/01: Claude Willeme v Commission of the
European Communities (1)

(Officials — Obligations under the Staff Regulations —
Declaration of spouse’s occupation — Personal interest
likely to compromise independence — Obligation relating to
personal dignity — Obligation to act in the interest of the
Communities — Duty of loyalty — Disciplinary proceedings
— Non-contractual liability — Assessment of non-material
damage)

(2002/C 305/46)

(Language of the case: French)

In Case T-89/01: Claude Willeme, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by Georges Vandersanden and Laure Levi, avocats,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: J. Currall and
D. Waelbroeck) — application for first, annulment of the
decision of 19 June 2000 downgrading the applicant from