Judgment of the Court of First Instance of 12 December 2002 in Case T-39/01: Kabushiki Kaisha Fernandes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier word mark HIWATT — Application for Community word mark HIWATT — Proof of genuine use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule 22 of Regulation (EC) No 2868/95)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU)

C 44/26

EN

Official Journal of the European Union

22.2.2003

with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: C. Berardis-
Kayser and D. Waelbroeck) — application for annulment of
the Commission’s decision not to appoint the applicant to the
post of Head of Unit 3 ‘Distributive trade and other services’
within Directorate D ‘Services’ within the Directorate-General
for Competition (COM/001/00) and of its decision to appoint
a different applicant to the post and an application for damages
— the Court of First Instance (Third Chamber), composed of
M. Jaeger, President, and K. Lenaerts and J. Azzizi, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 12 December 2002, in which it:

1. Annulled the Commission’s decisions of 4 March 2000
appointing Mrs Evans
to the post of Head of Unit 3
‘Distributive trade and other services’ within Directorate D
‘Services’ within the Directorate-General for Competition and
dismissing the applicant’s application for that post;

2. Ordered the Commission to pay the applicant EUR 2 500;

3. Dismissed the remainder of the action;

4. Ordered the Commission to pay the costs.

( 1) OJ C 45 of 10.2.2001.

the other party before the Court being Richard John Harrison,
of Doncaster, South Yorkshire (United Kingdom), represented
by M. Edenborough, Barrister, and S. Pilling, Solicitor: 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 4 December 2000 (Case R 116/2000-
1), the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Plin-
gers, Administrator, for the Registrar, has given a judgment on
12 December 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 150 of 19.5.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 November 2002

in Case T-40/01: Scan Office Design SA v Commission of
the European Communities (1)

(Public procurement — Supply of office furniture — Actions
for damages)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

(2003/C 44/49)

(Language of the case: French)

in Case T-39/01: Kabushiki Kaisha Fernandes v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
word mark HIWATT — Application for Community word
mark HIWATT — Proof of genuine use of earlier mark —
Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule
22 of Regulation (EC) No 2868/95)

(2003/C 44/48)

In Case T-40/01: Scan Office Design SA, a company established
in Brussels, represented by B. Mertens and C. Steyaert, Lawyers,
against Commission of the European Communities (Agents:
L. Parpala and D. Martin) — application for compensation of
damages allegedly sustained by the applicant as a result of the
Commission’s decision to award to a third party the contract
which was the subject of its call for tenders No 96/31/IX.C1
for the supply of office furniture — the Court of First Instance
(Third Chamber), composed of M.
Jaeger, President, and
K. Lenaerts and J. Azizi, Judges; J. Palacio González, Adminis-
trator, for the Registrar, gave a judgment on 28 December
2002, in which it:

(Language of the case: English)

1. Dismissed the action;

In Case T-39/01, Kabushiki Kaisha Fernandes, established in
Tokyo (Japan), represented by R. Hacon, N. Phillips and
I. Wood, lawyers, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),

2. Ordered the Commission to pay the costs.

(1) OJ C 150 of 19.5.2001.