Judgment of the Court of First Instance of 22 June 2004 in Case T-66/03: Koffiebranderij en Theehandel ‘Drie Mollen sinds 1818’ BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark including the word ‘Galáxia’ — Earlier national and international word marks GALA — Relative ground for refusal — Rejection of opposition — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), coffee, trade-mark law

C 228/38

EN

Official Journal of the European Union

11.9.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 24 June 2004

in Case T-190/02: Anita Jannice Österholm v Commission
of the European Communities (1)

(Officials — Absence treated as a period of annual leave —
Time-limits — No legal interest in bringing proceedings —
Inadmissibility)

(Portugal) — action brought against the decision of the Second
Board of Appeal of OHIM of 17 December 2002 (Case R
270/2001-2) concerning an opposition procedure between
Koffiebranderij en Theehandel ‘Drie Mollen sinds 1818’ BV and
Manuel Nabeiro Silveria, Lda — the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and N.J. Forwood, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 22 June 2004, in which
it:

(2004/C 228/84)

(Language of the case: French)

represented by J.R.

In Case T-190/02: Anita Jannice Österholm, residing at Stock-
Iturriagagoitia Bassas,
holm (Sweden),
lawyer, against Commission of
the European Communities
(Agents: J. Currall and V. Joris assisted by A. Dal Ferro, with an
address for service in Luxembourg) — application for annul-
the applicant's
ment of the Commission's decision to treat
absence between 8 and 31 July 2000 as a period of annual
leave — the Court of First Instance (Third Chamber), composed
of J. Azizi, President, M. Jaeger and F. Dehousse, Judges; for the
Registrar: I. Natsinas, Administrator, has given a judgment on
24 June 2004, in which it:

1. Dismisses the action as inadmissible;

2. Orders the parties to bear their own costs.

(1) OJ C 202, 24.8.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2004

‘Drie
in Case T-66/03: Koffiebranderij en Theehandel
Mollen sinds 1818’ BV v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark including the
word ‘Galáxia’ — Earlier national and international word
marks GALA — Relative ground for refusal — Rejection of
opposition — Article 8(1)(b) of Regulation (EC) No 40/94)

(2004/C 228/85)

(Language of the case: English)

In Case T-66/03: Koffiebranderij en Theehandel
‘Drie Mollen
sinds 1818’ BV, established in 's-Hertogenbosch (Netherlands),
represented by P. Steinhauser,
lawyer, with an address for
service in Luxembourg, against Office for Harmonisation in the
(Agents:
Internal Market (Trade Marks and Designs)
J. Novais Gonçalves and S. Laitinen), the other party to the
proceedings before the Board of Appeal of OHIM having been
Manuel Nabeiro Silveria, Lda, established in Campo Maior

(OHIM)

1. Dismisses the application.

2. Orders the applicant to pay the costs.

(1) OJ C 124 of 24.05.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 June 2004

in Case T-315/02: Svend Klitgaard v Commission of the
European Communities (1)

(Arbitration clause — Contract concluded under the PLAN
Cluster D programme — Travel expenses — Costs of
recovery — Late payment)

(2004/C 228/86)

(Language of the case: Danish)

the European Communities

residing in Skørping
In Case T-315/02: Svend Klitgaard,
lawyer, against
(Denmark), represented by S. Koll Espensen,
Commission of
(Agents: H.
Støvlbæk and C. Giolito, assisted by P. Heidmann, with an
address for service in Luxembourg) — application under Article
238 EC for
reimbursement of EUR 19 867.40 allegedly
incurred by the applicant in connection with performance of
contract No 32.0166 concluded within the framework of
Cluster D of the Plant Life Assessment Network (PLAN) project,
together with default interest, and for the payment of recovery
costs, also with default interest — the Court of First Instance
(Fifth Chamber), composed of P. Lindh, President, R. García-
Valdecasas and J.D. Cooke, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 10 June 2004
in which it:

1. Dismisses the action;

2. Orders the applicant to pay its own costs and the costs of the

Commission.

(1) OJ C 323 of 21.12.2002.