Judgment of the Court of First Instance of 22 April 2004 in Case T-343/02: Roland Schintgen v Commission of the European Communities (Officials — Staff Committee of the Commission in Luxembourg — Elections to the Luxembourg Staff Committee — Electoral system — Principles of fairness and democracy)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), distribution of votes, invalidity of an election, trade union

C 118/38

EN

Official Journal of the European Union

30.4.2004

1. Dismisses the action;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

(1) OJ C 144 of 15.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 March 2004

in Case T-216/02: Fieldturf Inc. v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Word mark LOOKS LIKE
GRASS... FEELS LIKE GRASS... PLAYS LIKE GRASS —
Absolute ground for refusal — Article 7(1)(b) and Article 73
of Regulation (EC) No 40/94 — Refusal to register)

of 28 April 2004

in Case T-277/02: Athanacia-Nancy Pascall v Council of the
European Union (1)

(Officials — Open competition — Oral test — Omission
from the reserve list — Action for annulment)

(2004/C 118/81)

(Language of the case: French)

lawyers, against Council of

In Case T-277/02: Athanacia-Nancy Pascall, an official of the
Commission of the European Communities residing in Brussels
represented by J.-N. Louis, E. Marchal and A.
(Belgium),
Coolen,
the European Union
(Agents: F. Anton and D. Zahariou) – application for annul-
ment of the decision of the selection board for competition
Council/A/393 for the drawing up of a reserve list of adminis-
trators of Greek mother-tongue to award the applicant lower
marks than the minimum required for her oral test and not to
place her on the reserve list – the Court of First Instance (Single
Judge; I. Natsinas (Adminis-
Judge), composed of J. Pirrung,
trator), Registrar, has given a judgment on 28 April 2004, in
which it:

1. Dismisses the application;

(2004/C 118/80)

the applicant's costs; and

2. Orders the Council to bear its own costs and to pay a quarter of

3. Orders the applicant to bear three-quarters of her own costs.

(Language of the case: English)

(1) OJ C 274 of 9.1.2002.

In Case T-216/02: Fieldturf
Inc., established in Montreal
(Canada), represented by P. Baronikians, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: O. Waelbroeck) - action against the
decision of the First Board of Appeal of OHIM of 15 May 2002
(Case R 462/2001-1) concerning registration of the word mark
LOOKS LIKE GRASS... FEELS LIKE GRASS... PLAYS LIKE
GRASS as a Community trade mark -
the Court of First
Instance, (Fourth Chamber) composed of: H. Legal, President, V.
Tiili and M. Vilaras, Judges; H. Jung, Registrar, has given a judg-
ment on 31 March 2004, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 April 2004

in Case T-343/02: Roland Schintgen v Commission of the
European Communities (1)

(Officials — Staff Committee of the Commission in Luxem-
bourg — Elections to the Luxembourg Staff Committee —
Electoral system — Principles of fairness and democracy)

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 233 of 28.09.2002

(2004/C 118/82)

(Language of the case: French)

In Case T-343/02: Roland Schintgen, a Commission official
residing in Keispelt (Luxembourg), represented by L. Vogel,
the European Communities
lawyer, against Commission of
(Agents: J. Currall and V. Joris) – application for annulment of
the decision of the appointing authority, dated 16 July 2002
and notified to the applicant on 6 August 2002, rejecting the

30.4.2004

EN

Official Journal of the European Union

C 118/39

applicant's complaint of 28 February 2002, by which,
in
essence, he applied for annulment of the elections to the local
staff committee of the Commission in Luxembourg which took
place in November 2001 and of the appointment of those
elected to that committee and the Commission's failure to
annul
Instance (Third
Chamber), composed of J. Azizi, President, and M. Jaeger and F.
Dehousse, Judges; D. Christensen (Administrator), Registrar, has
given a judgment on 22 April 2004, in which it:

those elections – the Court of First

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 29 April 2004

in Case T-399/02: Eurocermex SA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional trade mark —
Form of a bottle — Long-neck bottle in the neck of which a
slice of lemon has been plugged — Absolute grounds for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94)

(2004/C 118/83)

(Language of the case: French)

(OHIM),

In Case T-399/02: Eurocermex SA, established in Evere
(Belgium), represented by A. Bertrand and T. Reisch, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs)
(Agents: S. Laitinen and A. Rassat) –
application brought for the annulment of the decision of the
First Board of Appeal of OHIM of 21 October 2002 (Case R
188/2002-1) concerning an application for registration of a
three-dimensional trade mark (long-neck bottle in the neck of
which a slice of lemon has been plugged) as a Community
trade mark – the Court of First Instance (Second Chamber),
J. Pirrung, President, A.W.H. Meij and N.J.
composed of
Forwood, Judges; J. Palacio González, Administrator, for the
Registrar, has given a judgment on 29 April 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to bear the costs.

(1) OJ C 44 of 22.2.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 23 March 2004

in Case T-216/99: Ter Huurne's Handelsmaatschappij BV,
supported by the Kingdom of the Netherlands v Commis-
sion of the European Communities (1)

(Action for annulment — Failure of applicant to act — No
need to give a decision)

(2004/C 118/84)

(Language of the case: Dutch)

In Case T-216/99: Ter Huurne's Handelsmaatschappij BV,
established in Haaksbergen (Netherlands), represented by H.C
van der Sijs, lawyer, supported by the Kingdom of the Nether-
lands, represented by M. Fierstra and L. Cuelenaere, subse-
quently by L. Cuelenaere and V. Koningsberger and, finally, by
H.G. Sevenster, acting as Agents, against the Commission of
the European Communities (represented initially by G. Rozet
and H. Speyart, subsequently by G. Rozet and H. van Vliet,
Agents) – application for annulment of Commission Decision
1999/705/EC of 20 July 1999 concerning aid granted by the
Netherlands to 633 Dutch service stations in the region
bordering Germany (OJ 1999 L 280, p. 87) – the Court of First
Instance (Second Chamber, Extended Composition), composed
of J. Pirrung, President, V. Tiili, A.W.H. Meij, M. Vilaras and N.
J Forwood, Judges; Registrar, H. Jung (Administrator), made an
order on 23 March 2004, the operative part of which is as
follows:

1. There is no need to give a decision on the present action.

2. The applicant shall bear its own costs and pay those of

the
Commission. The Kingdom of the Netherlands shall bear its own
costs.

(1) OJ C 6, 8.1.2000

ORDER OF THE COURT OF FIRST INSTANCE

of 19 April 2004

in Case T-321/01 DEP, Internationaler Hilfsfonds eV v
Commission of the European Communities (1)

(Procedure — Taxation of costs)

(2004/C 118/85)

(Language of the case: French)

In Case T-321/01 DEP, Internationaler Hilfsfonds eV, estab-
lished in Rosbach (Germany), represented by H. Kaltenecker,
lawyer, against the Commission of the European Communities