Judgment of the Court of First Instance of 5 March 2003 in Case T-194/01: Unilever NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a product for dishwashers — Ovoid tablet — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), trade mark, trade-mark law

C 112/30

EN

Official Journal of the European Union

10.5.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

of 26 February 2003

in Case T-164/01: Arnaldo Lucaccioni v Commission of
the European Communities (1)

in Case T-145/01: Benito Latino v Commission of the
European Communities (1)

(Officials — Action for damages — Admissibility)

(Officials — Occupational disease — Validity of the opinion
of the Medical Committee — Evidence of the occupational
origin of the disease — Scientific uncertainty — Proper
conduct of the procedure preceding the reference to the
Medical Committee)

(2003/C 112/57)

(Language of the case: French)

former official of

In Case T-145/01: Benito Latino,
the
Commission of the European Communities, residing in Séri-
gnac-Peboudou (France), represented by G. Vandersanden
and L. Levi, lawyers, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) — appli-
cation for the annulment of the decision of the Commission
of 10 August 2000 rejecting the applicant’s request that it
acknowledge the occupational origin of his arthritic symptoms
and charging to the applicant the fees and incidental expenses
of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor making up the committee - the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
N. J. Forwood and H. Legal, Judges; D. Christensen, Adminis-
trator, for the Registrar, gave a judgment on 26 February
2003, in which it:

1.

annuls the decision of the Commission of 10 August 2000
insofar as it charges to the applicant the fees and incidental
expenses of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor;

2.

dismisses the remainder of the application;

3.

orders the parties to bear their own costs.

( 1) OJ C 245 of 1.9.01.

(2003/C 112/58)

(Language of the case: Italian)

In Case T-164/01: Arnaldo Lucaccioni, a former official of the
Commission of the European Commmunities, residing in St-
Leonard-on-Sea (United Kingdom), represented by M. Cimino
and F. Apruzzi, lawyers, against Commission of the European
Communities (Agents: J. Currall and A. Dal Ferro) — appli-
cation for compensation under the ordinary law governing
non-contractual liability applicable under Article 236 EC, for
pain and suffering and physical harm suffered by the applicant
for the period preceding the onset of his occupational disease
as a result of the Commission’s negligence, — the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, and N. J. Forwood and H. Legal, Judges; J. Palacio
González, Principal Administrator, for the Registrar, has given
a judgment on 26 February 2003, in which it:

1. Dismisses the application as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 275 of 29.9.01.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003

in Case T-194/01: Unilever NV v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a product for dishwashers — Ovoid tablet —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2003/C 112/59)

(Language of the case: English)

In Case T-194/01, Unilever NV, established in Rotterdam
(Netherlands), represented by V. von Bomhard and A. Renck,

10.5.2003

EN

Official Journal of the European Union

C 112/31

lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: F. López de Rego
and J. F. Crespo Carrillo): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 22 May 2001
(Case R-1086/2000-1), the Court of First Instance (Second
Chamber), composed of: R. M. Moura Ramos, President,
J. Pirrung and A. W. H. Meij, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 5 March
2003, in which it:

2.

3.

dismisses the remainder of the application;

orders the Commission to pay the costs.

(1) OJ 2001 C 331.

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 303 of 27.10.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

in Case T-212/01: Arnaldo Lucacioni v Commission of the
European Communities (1)

(Officials — Insurance Against the Risk of Accident and
of Occupational Disease — Aggravation of injuries —
Overlapping of capital and compensation provided by
Articles 12 and 14 respectively of the Insurance Rules)

(2003/C 112/60)

(Language of the case: French)

In Case T-212/01: Arnaldo Lucaccioni, former official of the
Commission of the European Communities, residing in St-
Leonard-on-Sea (United Kingdom), represented by J. R. Iturria-
gagoitia Bassas, lawyer, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) - application
for annulment of the decision of the Commission of 16 Nov-
ember 2000 suspending the procedure to examine a request
to recognise an aggravation of his occupational illness and
refusal to take action on that request and a claim for damages -
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N. J. Forwood and H. Legal, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 26 February 2003, in which it:

1.

annuls the decision of the Commission, notified to the applicant
by letter of 16 November 2000, to suspend the procedure
provided for by Article 22 of the Insurance Rules and not to act
on the applicant’s request seeking the recognition of
the
aggravation of his occupational illness;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003

in Case T-237/01: Alcon Inc v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Invalidity proceedings — ‘BSS’
— Article 51 of Regulation (EC) No 40/94 — Absolute
ground for refusal — Article 7(1)(d) of Regulation No 40/
94 — Distinctive character acquired through use —
Articles 7(3) and 51(2) of Regulation No 40/94)

(2003/C 112/61)

(Language of the case: English)

formerly Alcon Universal
In Case T-237/01, Alcon Inc,
Ltd, established in Hünenberg (Switzerland), represented by
H. Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent:
S. Laitinen), the intervener before the Court of First Instance
being Dr. Robert Winzer Pharma GmbH, established in
Olching (Germany), represented by S.N. Schneller,
lawyer:
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R
273/2000-1), the Court of First Instance (Second Chamber),
composed of: R.M. Moura Ramos, President, J. Pirrung and
A.W.H. Meij, Judges: J. Plingers, Administrator, for the Regis-
trar, has given a judgment on 5 March 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 369 of 22.12.2001.