Judgment of the Court of First Instance of 15 January 2003 in Case T-99/01: Mystery drinks GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier national trade mark Mixery — Application for Community word mark MYSTERY — Proof of use of earlier mark — Relative ground for refusal — Article 8(1)(b) of Regulation No 40/94)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer

C 101/32

EN

Official Journal of the European Union

26.4.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 February 2003

in Case T-7/01: Norman Pyres v Commission of the
European Communities (1)

(Member of the temporary staff — Extension of contract —
Term)

(2003/C 101/56)

(Language of the case: English)

former member of

the
In Case T-7/01, Norman Pyres,
temporary staff of the Commission of the European Communi-
ties, residing in Brussels (Belgium), represented by G. Vander-
sanden and L. Levi, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agent: J. Currall): Application for annulment of the Com-
mission’s decision to extend the applicant’s temporary staff
contract for a term limited to six months, the Court of First
Instance (P. Mengozzi, Single Judge); J. Plingers, Administrator,
for the Registrar, has given a judgment on 6 February 2003,
in which it:

1. Dismisses the action;

2. Orders each party to bear its own costs.

( 1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 January 2003

in Case T-99/01: Mystery drinks GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
national trade mark Mixery — Application for Community
word mark MYSTERY — Proof of use of earlier mark —
Relative ground for refusal — Article 8(1)(b) of Regulation
No 40/94)

(2003/C 101/57)

(Language of the case: German)

In Case T-99/01, Mystery drinks GmbH, in judicial liquidation,
established in Eppertshausen (Germany), represented by T. Je-
staedt, V. von Bomhard and A. Renck, lawyers, v Office for

Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. von Mühlendahl, B. Weggenmann
and C. Røhl Søberg), the intervener before the Court of First
Instance being Karlsberg Brauerei KG Weber, established in
Homburg (Germany), represented by R. Lange: Action brought
against the decision of the Third Chamber Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 12 February 2001 (Case R 251/2000-
3), concerning the registration of the sign MYSTERY as a
Community trade mark, which was opposed by the national
trade mark Mixery,
the Court of First Instance (Second
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
rung and A.W.H. Meij,
Judges, Registrar: D. Christensen,
Administrator, has given a judgment on 15 January 2003, in
which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 February 2003

in Case T-333/01: Karl L. Meyer v Commission of the
European Communities (1)

(OCT — Action for damages — Duty of publication and
control — Causal link)

(2003/C 101/58)

(Language of the case: French)

In Case T-333/01, Karl L. Meyer, residing at Uturoa (French
Polynesia), represented by J.-D. des Arcis, lawyer, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: M.-J. Jonczy and B. Mar-
tenczuk): Application for compensation for damage allegedly
suffered by the applicant because of alleged maladministration
by the Commission in the application of decisions on the
association of the overseas countries and territories, the Court
of First Instance (Third Chamber), composed of: K. Lenaerts,