Judgment of the Court of First Instance of 23 October 2002 in Case T-104/01: Claudia Oberhauser v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Earlier figurative mark containing the term "miss fifties" — Application for Community word mark "Fifties" — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing

C 19/32

EN

Official Journal of the European Communities

25.1.2003

1. Dismisses the applications;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

of 23 October 2002

( 1) OJ C 186 of 30.6.2001.

in Case T-104/01: Claudia Oberhauser v Office for Har-
monisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition — Earlier figurative
mark containing the term ‘miss fifties’ — Application for
Community word mark ‘Fifties’ — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2003/C 19/60)

of 26 November 2002

(Language of the case: German)

in Case T-103/01: Michael Cwik v Commission of the
European Communities (1)

(Officials — Reorganisation of the Commission’s adminis-
trative structures — Redeployment — Reasons — Interest
of the service — Misuse of power — Duty of care)

(2003/C 19/59)

(Language of the case: French)

In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, in the first place, for annulment of the Commission
decision transferring the applicant from the ‘Economic Infor-
mation, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the
‘Economic and Financial Affairs’ Directorate-General, and,
second,
for compensation — the Court of First Instance
(Second Chamber), composed of: R.M. Moura Ramos, Presi-
dent,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
26 November 2002, the operative part of which is as follows:

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

1.

2.

The application is dismissed;

The parties shall bear their own costs.

( 1) OJ C 227 of 11.08.2001.

In Case T-104/01, Claudia Oberhauser, established in Munich
(Germany), represented by M. Graf,
lawyer, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), 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 Petit Liberto, SA, established in Vidreres (Spain):
Action brought against the decision of the Second Chamber
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 28 February
2001 (Case R 757/1999-2), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 November 2002

in Case T-199/01: G v Commission of the European
Communities (1)

(Officials — Social security — Refusal to reimburse medical
expenses — Inefficacious treatment)

(2003/C 19/61)

(Language of the case: French)

In Case T-199/01: G, an official of the Commission of the
European Communities, residing in Ispra (Italy), represented by