Judgment of the Court of First Instance of 9 November 2004 in Case T-116/03 Oresto Montalto v Council of the European Union (Officials — Recruitment — Temporary agent — Vacancy notice — Recruitment procedure)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Commission, European Union Intellectual Property Office, action for annulment (EU), appointment of staff, president of an institution

C 19/22

EN

Official Journal of the European Union

22.1.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

in Case T-396/02: August Storck KG v Office for Harmoni-
sation in the Internal Market (Trade marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a sweet — Absolute grounds for refusal — Article
7(1)(b) of Regulation (EC) No 40/94 — Distinctive character
acquired through use — Article 7(3) of Regulation (EC) No
40/94)

A. Heise and I. Rohr, lawyers, with an address for service in
Luxembourg, against Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM), (Agents: B. Müller
and G. Schneider) – action for annulment of the decision of the
Second Board of Appeal of OHIM of 18 October 2002 (Case R
0256/2001-2) refusing registration of a trade mark repre-
senting a twisted wrapper (shape of a sweet wrapper) – the
Court of First
Instance (Fourth Chamber), composed of H.
Judges; B. Pastor,
Legal, President, V. Tiili and M. Vilaras,
Deputy Registrar, for the Registrar, has given a judgment on 10
November 2004, in which it:

(2005/C 19/47)

1. Dismisses the action;

(Language of the case: German)

(OHIM)

and Designs)

In Case T-396/02: August Storck KG, established in Berlin,
represented by H. Wrage-Molkenthin, T. Reher, A. Heise and
I. Rohr,
lawyers, with an address for service in Luxembourg
against Office for Harmonisation in the Internal Market (Trade
and
marks
G. Schneider) – action for annulment of the decision of the
Fourth Board of Appeal of OHIM of 14 October 2002 (Case
R 187/2001-4), refusing registration of a three-dimensional
mark comprised of the shape of a light-brown sweet – the
Instance (Fourth Chamber), composed of H.
Court of First
Legal, President, V. Tiili and M. Vilaras,
Judges; B. Pastor,
Deputy Registrar, for the Registrar, has given a judgment on 10
November 2004, in which it:

(Agents: B. Müller

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 55 of 8.3.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

in Case T-402/02: August Storck KG v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Figurative mark representing the
form of a twisted wrapper (shape of a sweet wrapper) —
Subject-matter of the application — Absolute ground for
refusal — Article 7(1)(b) of Regulation (EC) No 40/94 —
Distinctive character acquired though use — Article 7(3) of
Regulation (EC) No 40/94 — Right to be heard — Article
73(1) of Regulation (EC) No 40/94 — Examination of the
facts by OHIM of its own motion — Article 74(1) of Regu-
lation (EC) No 40/94)

(2005/C 19/48)

(Language of the case: German)

In Case T-402/02: August Storck KG, established in Berlin
(Germany), represented by H. Wrage-Molkenthin, T. Reher,

2. Orders the applicant to pay the costs.

(1) OJ C 55 of 8.3.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 November 2004

in Case T-116/03 Oresto Montalto v Council of the Euro-
pean Union (1)

(Officials — Recruitment — Temporary agent — Vacancy
notice — Recruitment procedure)

(2005/C 19/49)

(Language of the case: French)

In Case T-116/03, Oresto Montalto, official of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM), residing in Alicante (Spain), represented by G.
Vandersanden, lawyer, against Council of the European Union
(Agents: B. Hoff-Nielsen and F. Anton) – application, first, for
annulment of the Council decision of 23 May 2002 appointing
an additional chairperson of a Board of Appeal and President
of the Appeals Department of OHIM (OJ 2002 C 130, p. 2)
and, secondly, for damages – the Court of First Instance (Fifth
Chamber), composed of P. Lindh, President, R. García-Valde-
casas and J.D. Cooke, Judges; I. Natsinas, Administrator, for the
Registrar, has given a judgment on 9 November 2004,
in
which it:

22.1.2005

EN

Official Journal of the European Union

C 19/23

(1) Annuls the Council decision of 23 May 2002 appointing an
additional Chairperson of a Board of Appeal and President of the
Appeals Department of
the Office for Harmonisation in the
Internal Market (Trade Marks and Designs);

ORDER OF THE COURT OF FIRST INSTANCE

of 13 July 2004

(2) Dismisses the remainder of the action;

(3) Orders the Council to pay the costs.

(1) OJ C 135 of 7.6.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

in Case T-165/03 Eduard Vonier v Commission of the
European Communities (1)

(Officials — Competition — Non-inclusion on the reserve
list — National seminar — Composition of the selection
life — Knowledge of
board — Oral

test — Private
languages)

(2005/C 19/50)

(Language of the case: German)

residing in Amsterdam
In Case T-165/03, Eduard Vonier,
(Netherlands), represented by W. Schmolke,
lawyer, against
Commission of the European Communities (Agent: J. Currall,
assisted by B. Wägenbaur, lawyer, with an address for service
in Luxembourg) – application, first, for annulment of the deci-
sion of 30 July 2002, by which the selection board in competi-
tion COM/A/6/01 decided not to include the applicant on the
reserve list of administrators in the field of foreign relations
and, secondly, for damages in compensation for the loss and
damage allegedly incurred – the Court of First Instance (Third
Chamber), composed of J. Azizi, President, F. Dehousse and O.
Czúcz, Judges; H. Jung, Registrar, has given a judgment on 10
November 2004, in which it:

(1) Dismisses the action;

(2) Orders each party to bear its own costs.

(1) OJ C 213 of 6.9.2003.

in Case T-29/03 Communidad Autonóma de Andalucía v
Commission of the European Communities (1)

(European Anti-Fraud Office (OLAF) — Report relating to
the administrative enquiry into the marketing of olive oil in
Andalusia (Spain) — Complaint — Inadmissibility)

(2005/C 19/51)

(Language of the case: Spanish)

In Case T-29/03, Communidad Autónoma de Andalucía, repre-
sented by C. Carretero Espinosa de los Monteros, lawyer, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: C. Ladenburger and S.
Pardo Quintillán, with an address for service in Luxembourg) –
application for annulment of the decision allegedly contained
in the letter of the Director General of the European Anti-Fraud
Office (OLAF) of 8 November 2002, by which the latter
informed the applicant of the impossibility of investigating its
IO/2000/7057 relating to
complaint against OLAF Report
administrative enquiries into the marketing of olive oil
in
Andalusia (Spain) – the Court of First Instance (First Chamber),
composed of B. Vesterdorf, President, P. Mengozzi and M.E.
Martins Ribiero, Judges; H. Jung, Registrar, made an order on
13 July 2004, the operative part of which is as follows:

(1) The action is dismissed as inadmissible;

(2) The applicant shall bear its own costs and pay those of the

Commission.

(1) OJ C 70 of 22.3.2003.