Judgment of the Court of First Instance of 6 March 2003 in Case T-128/01: DaimlerChrysler Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark — Representation of a vehicle grille — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Mark devoid of any distinctive character)
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor vehicle industry, trade-mark law

10.5.2003

EN

Official Journal of the European Union

C 112/29

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

in Case T-59/01: Albert Nardone v Commission of the
European Communities (1)

unlawful suspension of the aid allocated to the joint enterprise
fisheries project SM/ESP/18/93, the Court of First Instance
(Third Chamber), composed of K. Lenaerts, President, and
J. Azizi and M. Jaeger, Judges; Registrar: J. Palacio González,
Principal Administrator, gave the following judgment on
27 February 2003:

(Action for annulment — Former official - Request for
invalidity pension)

1.

2.

The application is dismissed;

The applicant is ordered to pay the costs.

(2003/C 112/54)

(Language of the case: French)

(1) OJ C 150 of 19.5.01.

In Case T-59/01: Albert Nardone, a former official of the
Commission of the European Communities, residing in Piétrain
(Belgium), represented by J. R.
Iturriagagoitia Bassas and
K. Delvolvé, lawyers, against the Commission of the European
Communities (Agent: J. Currall) — application, principally, for
the annulment of the Commission decision of 20 March 2000
refusing to grant
the applicant an invalidity pension, —
the Court of First Instance (First Chamber), composed of:
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 26 February 2003, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

( 1) OJ C 173 of 16.6.01.

JUDGMENT BY THE COURT OF FIRST INSTANCE

of 27 February 2003

in Case T-61/01 Vendedurías de Armadores Reunidos, SA
v Commission of the European Communities (1)

(Fisheries — Community financial aid — Suspension of aid
— Action for damages)

(2003/C 112/55)

(Language of the case: Spanish)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 March 2003

in Case T-128/01: DaimlerChrysler Corporation v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Figurative mark — Represen-
tation of a vehicle grille — Absolute ground for refusal —
Article 7(1)(b) of Regulation (EC) No 40/94 — Mark devoid
of any distinctive character)

(2003/C 112/56)

(Language of the case: English)

In Case T-128/01, DaimlerChrystler Corporation, established
in Auburn Hills, Michigan (United States), represented by
T. Cohen Jehoram,
lawyer, with an address for service in
Luxembourg, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agents: A. von
Mühlendahl and O. Waelbroeck): Action brought against the
decision of the Second Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) of 21 March 2001 (Case R 309/1999-2), the Court
of First Instance (Fourth Chamber), composed of: M. Vilaras,
President, V. Tiili and P. Mengozzi, Judges; J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 6 March 2003, in which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 21 March 2001 (Case R 309/1999-2);

In Case T-61/01, Vendedurías de Armadores Reunidos, SA,
established in Huelva (Spain), represented by represented by J.-
R. García-Gallardo Gil-Fournier and D. Domínguez Pérez,
lawyers, v the Commission of the European Communities
(agents: S. Pardo Quintillán and J. Guerra Fernández), an
application for compensation for the damages caused by the

2. Orders the defendant to pay the costs.

(1) OJ C 245 of 1.9.2001.