Judgment of the Court of First instance of 3 December 2003 in Case T-305/02: Nestlé Waters France v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a bottle — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), beverage, trade mark, trade-mark law, water

20.3.2004

EN

Official Journal of the European Union

C 71/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 December 2003

in Case T-133/02: Pravir Kumar Chawdhry v Commission
of the European Communities (1)

(Member of the temporary staff — Post paid from appropri-
ations to the research budget — Grading)

(2004/C 71/44)

(Language of the case: French)

In Case T-133/02: Pravir Kumar Chawdhry, a member of
the temporary staff of the Commission of the European
Communities, residing in Sangiano (Italy), represented by
G. Vandersanden and L. Levi, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and V. Joris) — application
for, first, annulment of the Commission’s decision grading the
applicant in Grade A 6, Step 3, and, secondly, compensation
in respect of harm suffered – the Court of First Instance (Single
Judge: J. Pirrung); J. Plingers, Administrator, acting for the
Registrar, has given a judgment on 17 December 2003, in
which it:

(France), represented by N. Lhoëst, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and F. Clotuche-Duvieusart)
— application for annulment of the Commission’s decision
rejecting the applicant’s application for regrading in the higher
grade of his career bracket of recruitment — the Court of First
Instance (Single Judge: H. Legal); I. Natsinas, Administrator,
acting for the Registrar, has given a judgment on 10 December
2003, in which it:

1.

annuls the Commission’s decision of 27 July 2001 rejecting
the applicant’s application for regrading in the higher grade of
his career bracket of recruitment;

2.

orders the Commission to pay all the costs.

(1) OJ C 219 of 14.9.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

1.

2.

3.

dismisses the application;

of 3 December 2003

orders the Commission to bear its own costs and to pay a
quarter of the applicant’s costs;

orders the applicant to bear three quarters of his own costs.

in Case T-305/02: Nestlé Waters France v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(1) OJ C 156 of 29.6.2002.

(Community trade mark — Three-dimensional mark —
Shape of a bottle — Absolute grounds for refusal —
Distinctive character — Article 7(1)(b) of Regulation (EC)
No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 December 2003

in Case T-173/02: Pierre Tomarchio v Commission of the
European Communities (1)

(Officials – Grading — Rejection of an application for
regrading under Article 31(2) of the Staff Regulations)

(2004/C 71/45)

(Language of the case: French)

In Case T-173/02: Pierre Tomarchio, a former official of the
Commission of the European Communities, residing in Nancy

(2004/C 71/46)

(Language of the case: French)

In Case T-305/02, Nestlé Waters France, established in Issy-
les-Moulineaux (France), represented by A. Cléry, avocat, v
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. Rassat and O. Waelbroeck):
Application for annulment of the decision of the Fourth Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 12 July 2002 (Case
R 719/2000-4) refusing to register a three-dimensional trade
mark consisting of the shape of a transparent bottle, the Court
of First Instance (Fourth Chamber), composed of: V. Tiili,
President, P. Mengozzi and M. Vilaras,
Judges; B. Pastor,
Deputy Registrar, has given a judgment on 3 December 2003,
in which it:

C 71/26

EN

Official Journal of the European Union

20.3.2004

1. Annuls the decision of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 July 2002 (Case R 719/2000-4);

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 December 2003

2. Orders the defendant to pay the costs.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 December 2003

in Case T-323/02: Monique Breton v Court of Justice of
the European Communities (1)

(Officials — Promotion — Award of promotion points —
Admissibility)

(2004/C 71/47)

(Language of the case: French)

In Case T-323/02: Monique Breton, an official of the Court of
Justice of the European Communities, residing at Howald
(Luxembourg), represented by A. Coolen, J.-N. Louis, É. Mar-
lawyers, with an address for service
chal and S. Orlandi,
in Luxembourg, against Court of Justice of the European
Communities (Agent: M. Schauss) — application for annul-
ment of the decision of the Court of Justice concerning the
award to the applicant of promotion points for the years
1998, 1999 and 2000 pursuant to the Court’s decision of
18 October 2000 on promotions and the decision of the
Registrar of the Court of 3 December 2001 establishing a
transitional system for promotions — the Court of First
Instance (Third Chamber), composed of: J. Azizi, President,
and M. Jaeger and F. Dehousse, Judges; J. Plingers, Adminis-
trator, acting for the Registrar, has given a judgment on
11 December 2003, in which it:

1.

2.

dismisses the application;

orders the parties to bear their own costs.

in Case T-324/02: Hans McAuley v Council of the Euro-
pean Union (1)

(Compliance with a judgment of the Court of First Instance
— Appointment of a Language Adviser in the English and
Irish Language — Division of the Council Termination of
the procedure for filling the post under Article 29(1)(a) of
the Staff Regulations — Misuse of powers — Action for
compensation)

(2004/C 71/48)

(Language of the case: French)

In Case T-324/02: Hans McAuley, an official of the Council of
the European Union, residing in Brussels (Belgium), represent-
ed by J.-N. Louis and S. Orlandi, lawyers, with an address for
service in Luxembourg, against the Council of the European
Union (Agent: F. Anton) — application for, first, annulment of
the decision contained in the letter of 30 January 2002 of the
Director General of Directorate General A of the Council to
terminate the procedure under Article 29(1)(a) of the Staff
Regulations for filling the post of Language Adviser in the
English and Irish Language Division and to proceed to the next
stage, namely the organisation of an internal competition
under Article 29(1)(b) of the Staff Regulations, and, second,
for compensation — the Court of First Instance (Fourth
Chamber), composed of V. Tiili, President, P. Mengozzi and
M. Vilaras, Judges; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 17 December 2003, in which it:

1. Annuls the decision contained in the letter of 30 January 2002
of the Director General of Directorate General A of the Council
to terminate the procedure under Article 29(1)(a) of the Staff
Regulations for filling the post of Language Adviser in the
English and Irish Language Division and to proceed to the next
stage, namely the organisation of an internal competition under
Article 29(1)(b) of the Staff Regulations.

2. Dismisses the applicant’s application for compensation.

3. Orders the Council to pay the costs.

(1) OJ C 7 of 11.1.2003.

(1) OJ No C 7 of 11.1.2003.