Judgment of the Court of First Instance of 29 April 2004 in Case T-399/02: Eurocermex SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (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 Regulation (EC) No 40/94)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beer, beverage, trade-mark law, wine

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