Judgment of the Court of First Instance of 28 April 2004 in Joined Cases T-124/02 and T-156/02: The Sunrider Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulations (EC) Nos 40/94 and 2868/95 — Costs of the opposition proceedings — Partial withdrawal of the trade mark application — Withdrawal of opposition — Reimbursement of the appeal fees — Duty to state reasons)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), foodstuff, medicinal product, pharmaceutical product, trade-mark law, veterinary medicinal product

30.4.2004

EN

Official Journal of the European Union

C 118/37

Lozano Palacios, then F. Clotuche-Cuvieusart and H. Tserepa-
Lacombe) - Application for, first, annulment of the Commis-
sion's decision of 13 March 2001 rejecting seven applications
for permanent posts remunerated on research credits, secondly,
annulment of the Commission's decision of 15 March 2001
rejecting one application for a permanent post remunerated on
research credits and, thirdly, annulment of the Commission's
decisions making appointments in respect of those posts - the
Court of First Instance (First Chamber), composed of B. Vester-
dorf, President and H. Legal and M. E. Martins Ribeiro, Judges;
J. Plingers, Administrator for the Registrar, delivered a judg-
ment on 31 March 2004, in which it

1. Annuls the Commission's decision of 13 March 2001 rejecting
seven applications for permanent posts remunerated on research
credits;

the Internal Market (Trade Marks and Designs) being Vitakraft-
Werke Wührmann & Sohn, established in Bremen (Germany)
in Case T-124/02 and Friesland Brands SV, established in Leeu-
warden (the Netherlands) in Case T-156/02 - actions, in Case
T-124/02, against the decision of the Second Board of Appeal
of OHIM of 17 January 2002 (Case R-386/2000-2) relating to
opposition proceedings between Vitakraft-Werke Wührmann &
Sohn and The Sunrider Corp., and, in Case T-156/02, against
the decision of the First Board of Appeal of OHIM of 21
February 2002 (Case R-34/2000-1)
relating to opposition
proceedings between Friesland Brands BV and The Sunrider
Corp.
Instance (Second Chamber),
composed of: N.J. Forwood, President, J. Pirrung and A.W.H.
Meij, Judges; B. Pastor, Assistant Registrar, for the Registrar, has
given a judgment on 28 April 2004, in which it:

the Court of First

-

2. Annuls the Commission's decision of 15 March 2001 rejecting
one application for a permanent post remunerated on research
credits;

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

3. For the rest dismisses the application

(1) OJ C 156 of 29.6.2002

4. Orders the parties to provide to the Court within a period of three
months from delivery of this judgment either an agreed amount of
monetary compensation attaching to the decisions of 13 and 15
March 2001 or their submissions, with figures, on that amount;

5. Reserves costs.

(1) OJ C 68 of 16.3.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 April 2004

in Joined Cases T-124/02 and T-156/02: The Sunrider
Corp. v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Regulations (EC) Nos 40/94 and
2868/95 — Costs of the opposition proceedings — Partial
withdrawal of the trade mark application — Withdrawal of
opposition — Reimbursement of the appeal fees — Duty to
state reasons)

(2004/C 118/78)

(Language of the case: German)

In Joined Cases T-124/02 and T-156/02: The Sunrider Corp.,
established in Torrance, California (United States of America),
represented by A. Kockläuner, against Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market
(OHIM)
(Agent: G. Schneider),
the other parties to the proceedings
before the Board of Appeal of the Office for Harmonisation in

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2004

in Case T-127/02: Concept-Anlagen u. Geräte nach ‘GMP’
für Produktion u. Labor GmbH v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Figurative mark containing the
word element
‘ECA’ — Absolute ground for refusal —
Emblem of an international intergovernmental organisation
— Article 7(1)(h) of Regulation (EC) No 40/94 — Article 6
ter of the Paris Convention)

(2004/C 118/79)

(Language of the case: German)

Labor GmbH,

In Case T-127/02: Concept-Anlagen u. Geräte nach ‘GMP’ für
Produktion u.
established in Heidelberg
(Germany), represented by G. Hodapp, against the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM) (Agent: G. Schneider) – action brought against
the decision of the Second Board of Appeal of OHIM of 18
February 2002 (Case R 466/2000-2) on the application for
registration of a figurative mark containing the word element
‘ECA’ as a Community trade mark – the Court of First Instance
(Fourth Chamber), composed of H. Legal, President, V. Tiili and
M. Vilaras, Judges; Registrar, J. Plingers (Administrator), gave a
judgment on 21 April 2004, in which it: