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 in the Internal Market (Trade Marks and Designs) (OHIM) (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)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), computer equipment, trade-mark law

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:

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