Judgment of the Court of First Instance of 24 November 2004 in Case T-393/02: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a white and transparent bottle — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, polishing and scouring preparations, trade-mark law

5.2.2005

EN

Official Journal of the European Union

C 31/19

1. Annuls Commission Decision SG (2001) D of 25 July 2001 not
to object to the aid granted by the German authorities to Glunz
AG;

2. Orders the Commission, in addition to bearing its own costs, to

pay those incurred by the applicant;

3. Orders Glunz AG and OSB Deutschland GmbH to bear the costs

which they incurred in connection with their intervention.

(1) OJ C 118 of 18.5.2002.

and Commission documents (OJ 2001 L 145, p. 43) – the
Court of First Instance (Fifth Chamber, Extended Composition),
composed of: P. Lindh, President, R. García-Valdecasas,
J.D.
Cooke, P. Mengozzi and M.E. Martins Ribeiro, Judges; D. Chris-
tensen, Administrator, for the Registrar, has given a judgment
on 30 November 2004, in which it:

1. Dismisses the appeal;

2. Orders the applicant

to bear its own costs and to pay those

incurred by the Commission;

3. Orders the Kingdom of the Netherlands, the Kingdom of Sweden,
the Kingdom of Denmark and the United Kingdom of Great
Britain and Northern Ireland to bear their own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 202 of 24.8.2002.

of 30 November 2004

in Case T-168/02: IFAW Internationaler Tierschutz-Fonds
gGmbH v Commission of the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — Article 4(5) — No disclosure of a
document from a Member State without the prior agreement
of that State)

(2005/C 31/37)

(Language of the case: English)

IFAW Internationaler Tierschutz-Fonds
In Case T-168/02:
gGmbH,
(IFAW)
formerly Internationaler Tierschutz-Fonds
GmbH, established in Hamburg (Germany), represented by S.
Crosby, Solicitor, supported by the Kingdom of the Netherlands
(Agents: H. Sevenster, S. Terstal, N. Bel and C. Wissels, with an
address for service in Luxembourg), the Kingdom of Sweden
(Agents: A. Kruse and K. Wistrand, with an address for service
in Luxembourg) and the Kingdom of Denmark (Agents: initially
J. Bering Liisberg, and subsequently J. Molde, with an address
for service in Luxembourg), against the Commission of the
European Communities (Agents: C. Docksey and P. Aalto, with
an address for service in Luxembourg), supported by the
United Kingdom of Great Britain and Northern Ireland (repre-
sented by R. Caudwell, acting as Agent, and M. Hoskins,
Barrister, with an address for service in Luxembourg) – applica-
tion for annulment of the Commission's decision of 26 March
2002 refusing to grant the applicant access to certain docu-
in
ments, relating to the declassification of a protected site,
accordance with Article 4(5) of Regulation (EC) No 1049/2001
of the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament, Council

of 24 November 2004

in Case T-393/02: Henkel KGaA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a white and transparent bottle — Absolute ground
for refusal — Distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2005/C 31/38)

(Language of the case: German)

represented by C. Osterrieth,

In Case T-393/02: Henkel KGaA, established in Düsseldorf
(Germany),
lawyer, with an
address for service in Luxembourg, against Office for Harmoni-
sation in the Internal Market
(Trade Marks and Designs)
(Agents: U. Pfleghar and G. Schneider) – action
(OHIM)
brought against the decision of the Fourth Board of Appeal of
OHIM of 3 October 2002 (Case R 313/2001-4), concerning
the registration of a three-dimensional sign constituted by the
shape of a white and transparent bottle – the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, V.
Tiili and M. Vilaras, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 24 November 2004,
in
which it:

C 31/20

EN

Official Journal of the European Union

5.2.2005

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) of 3 October 2002 (Case R 313/2001-4);

3. Orders the applicant and the Council each to bear half of the costs

of the proceedings;

2. Orders the defendant to pay the costs.

(1) OJ C 55 of 8.3.2003.

4. Orders the interveners to bear their own costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

of 30 November 2004

in Case T-84/03: Maurizio Turco v Council of the Euro-
pean Union (1)

(Openness — Public access to Council documents — Partial
refusal of access — Regulation (EC) No 1049/2001 —
Exceptions)

(2005/C 31/39)

(Language of the case: English)

in Case T-173/03: Anne Geddes v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Word mark ‘NURSERYROOM’
— Absolute grounds for refusal — Article 7(1)(c) of Regu-
lation (EC) No 40/94)

(2005/C 31/40)

(Language of the case: English)

the European Union (Agents:

In Case T-84/03: Maurizio Turco, residing in Pulsano (Italy),
represented by O.W. Brouwer, T. Janssens and C. Schillemans,
lawyers, supported by Republic of Finland (Agents: T. Pynnä
and A. Guimaraes-Purokoski, with an address for service in
Luxembourg), Kingdom of Denmark (Agents: J. Liisberg initially
and subsequently J. Molde, with an address for service in
Luxembourg), and Kingdom of Sweden (Agents: A. Kruse and K.
Wistrand, with an address for service in Luxembourg) against
Council of
J.-C. Piris and
M. Bauer), supported by United Kingdom of Great Britain and
Northern Ireland (Agent: C. Jackson, instructing P. Sales and J.
Stratford, Barristers, with an address for service in Luxembourg)
and Commission of
(Agents:
M. Petite, C. Docksey and P. Aalto, with an address for service
in Luxembourg) – application for annulment of the Council's
decision of 19 December 2002 partially refusing the applicant
access to certain documents appearing on the agenda of the
Justice
and Home Affairs Council meeting of 14 and
15 October 2002 – the Court of First Instance (Fifth Chamber),
composed of: P. Lindh, President, R. García-Valdecasas and
J.D. Cooke, Judges; I. Natsinas, Administrator, for the Registrar,
has given a judgment on 23 November 2004, in which it:

the European Communities

(OHIM)

In Case T-173/03: Anne Geddes, residing at Auckland (New
Zealand), represented by G. Farrington, Solicitor, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs)
Folliard-
(Agents: E. Dijkema
Monguiral) – action brought against the decision of the Fourth
Board of Appeal of OHIM of 13 February 2003 (Case R 839/
2001-4) regarding an application for registration of the Com-
munity word mark ‘NURSERYROOM’ – the Court of First
Instance (Second Chamber), composed of: J Pirrung, President,
N.J. Forwood and S. Papasavvas, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 30 November
2004, in which it:

and A.

1. Dismisses the application;

2. Orders the applicant to pay the costs.

1. Dismisses the action in so far as it concerns the refusal of access

(1) OJ C 171 of 19.7.2003.

to the Council's legal opinion;

2. Declares that there is no need to adjudicate as to the remainder;