Judgment of the Court of First Instance 12 October 2004 in Case T-35/03 Aventis Cropscience S.A. v Office for Harmonisation of the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for registration of Community word mark CARPO — Earlier national word mark HARPO Z — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94)
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), herbicide, insecticide, pesticide, trade-mark law

C 314/18

EN

Official Journal of the European Union

18.12.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-389/02, Sergio Sandini v Court of Justice of the
European Communities (1)

(Officials — Action for damages — Admissibility — Expo-
sure to asbestos — Occupational disease — Damage)

Delvolvé,
lawyers, against Court of Justice of the European
Communities (Agent: M. Schauss, with an address for service in
Luxembourg) — application for damages for the physical harm
and the non-material, professional and financial loss allegedly
suffered by the applicant — the Court of First Instance (Fourth
Chamber), composed of: H. Legal, President, V. Tiili and M.
Vilaras, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 14 October 2004, in
which it:

(2004/C 314/45)

1) Dismisses the action;

(Language of the case: French)

2) Orders the parties to bear their own costs.

(1) OJ C 44 of 22.2.2003.

In Case T-389/02, Sergio Sandini, an official of the Court of
Justice of
the European Communities, residing in Ehlange
(Luxembourg), represented by J. Iturriagagoitia Bassas and K.
lawyers, against Court of Justice of the European
Delvolvé,
Communities (Agent: M. Schauss, with an address for service in
Luxembourg) — application for damages for the physical harm
and the non-material, professional and financial loss allegedly
suffered by the applicant — the Court of First Instance (Fourth
Chamber), composed of: H. Legal, President, V. Tiili and M.
Vilaras, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 14 October 2004, in
which it:

1) Dismisses the action;

2) Orders the parties to bear their own costs.

(1) OJ C 44 of 22.2.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

12 October 2004

in Case T-35/03 Aventis Cropscience S.A. v Office for
Harmonisation of the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Appli-
cation for registration of Community word mark CARPO —
Earlier national word mark HARPO Z — Likelihood of
confusion — Article 8(1)(b) of Regulation No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2004/C 314/47)

of 14 October 2004

(Language of the case: Spanish)

in Case T-390/02, Antonio Cagnato v Court of Justice of
the European Communities (1)

(Officials — Action for damages — Admissibility — Expo-
sure to asbestos — Occupational disease — Damage)

(2004/C 314/46)

(Language of the case: French)

In Case T-390/02, Antonio Cagnato, an official of the Court of
Justice of the European Communities, residing in Dippach-Gare
(Luxembourg), represented by J. Iturriagagoitia Bassas and K.

In Case T-35/03 Aventis Cropscience S.A., established in Lyon
lawyer, v
(France), represented by Enrique Armijo Chávarri,
Office for Harmonisation of the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: I. de Medrano Caballero and G.
Schneider),
the other party to the proceedings being BASF
Aktiengesellschaft, established in Ludwigshafen am Rhein
(Germany), for the annulment of Decision R 803/2001-2 of the
Second Board of Appeal of OHIM of 18 November 2002
concerning the opposition by the proprietor of
the earlier
national word mark HARPO Z to registration of the trade mark
Instance (Second Chamber),
CARPO,
composed of J. Pirrung, President, N.J. Forwood and I. Peliká-
nová, Judges; Registrar: I. Natsinas, administrator, gave a judg-
ment on 12 October 2004, in which it:

the Court of First

18.12.2004

EN

Official Journal of the European Union

C 314/19

1. Dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

(1) OJ C 83 of 5.4.2003.

of 6 October 2004

in Joined Cases T-117/03 to T-119/03 and T-171/03: New
Look Ltd v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 October 2004

(Community trade mark — Opposition proceedings —
Earlier Community figurative mark comprising the letter
combination ‘NL’ — Applications for Community figurative
‘NLJEANS’,
terms
marks
‘NLACTIVE’ and ‘NLCollection’ — Relative ground for
refusal — Likelihood of confusion — Similarity of the signs
— Article 8(1)(b) of Regulation (EC) No 40/94)

comprising the

‘NLSPORT’,

in Case T-49/03: Gunda Schumann v Commission of the
European Communities (1)

(2004/C 314/49)

(Officials — Open competition — Preselection tests —
Neutralisation of a multiple-choice question — Principle of
proportionality — Breach of the competition notice)

(Language of the case: Spanish)

(2004/C 314/48)

(Language of the case: German)

In Case T-49/03: Gunda Schumann,
residing in Berlin
(Germany), represented by Y. Block, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agent:
J. Currall, assisted by B. Wägenbaur,
lawyer, with an address for service in Luxembourg) — applica-
tion for annulment of the decision of the selection board in
open competition COM/A/11/01 not to admit the applicant to
the tests following the preselection tests, the Court of First
Instance (Fifth Chamber), composed of P. Lindh, President,
R. Garcia-Valdecasas and J.D. Cooke Judges; D. Christensen,
Administrator,
for the Registrar, gave a judgment on 21
October 2004, in which it:

1. Dismisses the application as inadmissible in that it seeks annul-

ment of the decision of 19 July 2002;

2. Dismisses the application as unfounded in that it seeks annulment

of the decision of 4 June 2002;

3. Orders the parties to bear their own costs.

(1) OJ No C 101 of 26.4.2003.

In Joined Cases T-117/03 to T-119/03 and T-171/03: New
Look Ltd, established in Weymouth, Dorset (United Kingdom),
represented by R. Ballester and G. Marín,
lawyers, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: O. Montalto, J. García Murillo
and S. Laitinen), the other party to the proceedings before the
Board of Appeal of OHIM being Naulover SA, established in
Barcelona (Spain) — four actions brought against the decisions
of the First Board of Appeal of OHIM of 27 January 2003 (R
95/2002-1, R 577/2001-1 and R 578/2001-1) and 15 April
2003 (R 19/03-1) relating to opposition proceedings between
Naulover SA and New Look Ltd — the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and N.J. Forwood, Judges; J. Palacio González, Principal
Administrator, for the Registrar, has given a judgment on 6
October 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 146 of 21.6.2003.