Judgment of the Court of First Instance 28 January 2004 in Joined Cases T-146/02 to T-153/02: Deutsche SiSi-Werke GmbH & Co. Betriebs KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage, fruit juice, fruit product, trade-mark law

17.4.2004

EN

Official Journal of the European Union

C 94/39

JUDGMENT OF THE COURT OF FIRST INSTANCE

28 January 2004

in Joined Cases T-146/02 to T-153/02: Deutsche SiSi-
Werke GmbH & Co. Betriebs KG v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Form of drinks packaging — Stand-up pouch — Absolute
grounds for refusal — Article 7(1)(b) of Regulation (EC)
No 40/94 — Need to preserve a sign's availability)

(2004/C 94/112)

(Language of the case: German)

to Council Regulation
EAGGF, Guidance Section, pursuant
(EEC) No 4256/88 of 19 December 1988 laying down provi-
sions for
implementing Regulation (EEC) No 2052/88 as
regards the EAGGF Guidance Section (OJ 1988 L 374, p.25), in
connection with Project No 92.IT.06.069 entitled ‘Pilot demon-
stration project for the use of new “Endovena” (intravenous)
technology on fruit trees’ – the Court of First Instance (Second
Chamber), composed of N.J. Forwood, President,
J. Pirrung
and A.W. Meij, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, gave a judgment on 28 January 2004,
in which it:

1. Dismissed the application.

2. Ordered the applicant to pay the costs,

including those
incurred in connection with the application for interim
measures

(1) OJ No C 275 of 29.9.01.

In Joined Cases T-146/02 to T-153/02, Deutsche SiSi-Werke
GmbH & Co. Betriebs KG, established in Eppelheim (Germany),
represented by A. Franke, lawyer, against Office for Harmoni-
sation in the Internal Market
(Trade Marks and Designs),
(Agent: G. Schneider): Actions brought against the decisions of
the Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 28 February
2002 (Cases R 719/1999 2 to R 724/1999 2, R 747/1999 2
and R 748/1999 2) concerning the registration of three-dimen-
sional
the Court of First
Instance (Second Chamber), composed of N.J. Forwood, Presi-
dent,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on 28
January 2004, in which it:

trade marks (stand-up pouches),

J. Pirrung and A.W.H. Meij,

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 180 of 27.07.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE
(SECOND CHAMBER)

of 28 January 2004

in Case T-180/01: Euragri Srl v Commission of the Euro-
pean Communities (1)

(EAGGF — Withdrawal of financial assistance — Articles
24 and 25 of Regulation (EEC) No 4253/88)

(2004/C 94/113)

(Language of the case: Italian)

In Case T-180/01: Euragri Srl, established at Monte Vidon
Combatte (Italy), represented by W. Massucci, lawyer, against
Commission of the European Communities (Agents: initially L.
Visaggio and M. Moretto and subsequently C. Cattabriga and
M. Moretto) — application for annulment of Commission Deci-
sion C (2001) 1274 of 6 June 2001 withdrawing the assistance
granted to Euragri Srl by Commission Decision C (92) 3214 of
3 December 1992 concerning grant of a contribution from the

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 February 2004

in Joined Cases T-215/01, T-220/01 and T-221/01:
Calberson GE v Commission of the European Commu-
nities (1)

(Regulation (EC) No 111/1999 — Food aid to Russia —
Regulation (EC) No 1799/1999 — Supply of beef — Regu-
lation (EC) No 1815/1999 — Supply of skimmed-milk
powder — Award of contract for the provision of trans-
port — Contractual relationship — Arbitration clause —
Contractual liability — Non-contractual liability — Admis-
sibility)

(2004/C 94/114)

(Language of the case: French)

In Joined Cases T-215/01, T-220/01 and T-221/01: Calberson
GE, established in Paris (France), represented by T. Gallois,
lawyer, against the Commission of the European Communities
(Agent: G. Berscheid) – applications:

— in Case T-215/01, for an order requiring the Commission
to pay to the applicant the sums of EUR 14 290,61 and
USD 57 859,56, together with interest at the legal rate, in
compensation for the loss allegedly suffered,

— in Case T-220/01, for an order requiring the Commission
to pay to the applicant
the sum of DEM 106 901,96,
together with interest at the legal rate, in compensation for
the loss allegedly suffered,

— in Case T-221/01, for an order requiring the Commission
to pay to the applicant the sums of EUR 23 115,49 and
USD 25 761,11, together with interest at the legal rate, in
compensation for the loss allegedly suffered,