Judgment of the Court of First Instance of 10 November 2004 in Case T-164/02: Kaul GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark ARCOL — Earlier Community word mark CAPOL — Scope of the assessment conducted by the Board of Appeal — Assessment of evidence adduced before the Board of Appeal)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical product, food preserving, trade-mark law

22.1.2005

EN

Official Journal of the European Union

C 19/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

of 9 November 2004

in Case T-164/02: Kaul GmbH v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

in Joined Cases T-285/02 and T-395/02 Eva Vega Rodrí-
guez v Commission of the European Communities (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ARCOL — Earlier Com-
munity word mark CAPOL — Scope of the assessment
conducted by the Board of Appeal — Assessment of evidence
adduced before the Board of Appeal)

(Officials — Open competition — Multiple-choice questions
— Accuracy of the answers in the marking sheet — Judicial
scrutiny — Limits)

(2005/C 19/45)

(2005/C 19/46)

(Language of the case: German)

(Language of the case: French)

(OHIM)

In Case T-164/02: Kaul GmbH, established in Elmshorn
(Germany), represented by G. Würtenberger and R. Kunze,
lawyers, against Office for Harmonisation in the Internal
Market (Trade Marks and Designs)
(Agents: A. von
Mühlendahl and G. Schneider) the other party to the proceed-
ings before the OHIM Board of Appeal having been Bayer AG,
established in Leverkusen (Germany), – action brought against
the decision of the Third Board of Appeal of OHIM of 4 March
2002 (Case R 782/2000-3), relating to opposition proceedings
between Kaul GmbH and Bayer AG – the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, M.
Vilaras and I. Wiszniewska-Białecka,
Judges; D. Christensen,
Administrator,
for the Registrar, has given a judgment on
10 November 2004, in which it:

In Joined Cases T-285/02 and T-395/02, Eva Vega Rodríguez,
residing in Brussels (Belgium), represented in Case T-285/02 by
J. Iturriagagoitia Bassas and, in Case T-395/02, by J. Iturriaga-
goitia Bassas and K. Delvolvé, lawyers, against Commission of
the European Communities (Agent: J. Currall, with an address
for service in Luxembourg) – applications, primarily, for annul-
ment of the decision of the selection board in competition
COM/A/10/01 excluding the applicant and awarding an insuffi-
cient number of marks for her to continue in the competition
and of the decision rejecting her complaint and, in the alterna-
Instance (Second
tive,
Chamber), composed of J. Pirrung, President, A.W.H. Meij and
N.J. Forwood, Judges; I. Natsinas, Administrator, for the Regis-
trar, has given a judgment on 9 November 2004, in which it:

for damages – the Court of First

1. Annuls the decision of 4 March 2002 (Case R 782/2000-3) of
the Third Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM);

1. Dismisses the actions;

2. Orders OHIM to pay the costs.

(1) OJ C 180 of 27.2.2002.

2. Orders each party to bear its own costs.

(1) OJ C 289 of 23.11.2002.