Judgment of the Court of First Instance of 5 March 2003 in Case T-273/01: Innova Privat-Akademie GmbH v Commission of the European Communities (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)
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: EC action to establish liability, EU financing, European Commission, India, incorporation, vocational training

24.5.2003

EN

Official Journal of the European Union

C 124/19

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 March 2003

in Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
Tsarnavas v Commission of the European Communities (1)

(Officials — Admissibility — Promotion — Consideration
of comparative merits of officials from different services)

(2003/C 124/32)

(Language of the case: French)

In Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
Tsarnavas, an official of the Commission of the European
Communities, residing in Brussels, represented by N. Lhoëst,
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: D. Martin)
— application for the annulment of the decisions of the
in the 1998,
Commission not to promote the applicant
1999 and 2000 promotions procedures — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
R.M. Moura Ramos and H. Legal, Judges; Blanca Pastor, Deputy
Registrar, gave a judgment on 19 March 2003, in which it:

1. Annuls the decisions of

to promote
the applicant in the 1998, 1999 and 2000 promotions
procedures;

the Commission not

of 5 March 2003

in Case T-273/01: Innova Privat-Akademie GmbH v Com-
mission of the European Communities (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 124/33)

(Language of the case: German)

In Case T-273/01: Alcon Inc, formerly Alcon Universal Ltd,
established in Hünenberg (Switzerland), represented by H.
Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: M. de Pauw and B. Martenczuk: 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 (Third Chamber), compo-
sed of: R.M. Moura Ramos, President,
J. Pirrung and
A.W.H. Meij, Judges, Registrar: J. Plingers, Administrator, has
given a judgment on 19 March 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Dismisses as inadmissible the application in Case T-190/01;

of 5 March 2003

3. Orders the Commission to pay the costs in Cases T-188/01

and T-189/01;

4. Orders the parties to bear their own costs in Case T-190/01.

( 1) OJ C 317 of 10.11.2001 and C 303 of 27.10.2001.

in Case T-293/01: Donatella Ineichein v Commission of
the European Communities (1)

(Temporary staff — Daily subsistence allowance — Place of
recruitment — Evidence)

(2003/C 124/34)

(Language of the case: French)

In Case T-293/01: Donatella Ineichein, member of the tempor-
ary staff of the Commission of the European Communities,
residing in Brussels, represented by M.-A. Lucas, lawyer, against