Judgment of the Court of First Instance of 7 June 2005 in Case T-303/03 Lidl Stiftung v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for word mark Salvita — Earlier national word mark SOLEVITA — Proof of use of the earlier national trade mark — Rejection of the opposition)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

6.8.2005

EN

Official Journal of the European Union

C 193/25

1. Annuls the Commission's decision, dated 14 August 2002, not
to promote the applicant to Grade A4 in the 2002 promotion
procedure;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Dismisses the application as inadmissible in so far as it seeks

compensation for the applicant;

of 7 June 2005

3. Orders the defendant to bear all the costs.

(1) OJ C 200 of 20.8.2003.

in Case T-303/03 Lidl Stiftung v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for word mark Salvita — Earlier national word mark
SOLEVITA — Proof of use of the earlier national trade mark
— Rejection of the opposition)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 193/41)

of 31 May 2005

(Language of the case: German)

in Case T- 294/03, Jean-Louis Gibault v Commission of the
European Communities (1)

(Open competition — Non-inclusion on the list of successful
candidates — Lack of a statement of reasons — Discrimina-
tion on grounds of nationality)

(2005/C 193/40)

(Language of the case: French)

by

lawyer,

represented

F.Tuytschaever,

Jean-Louis Gibault, residing in Wattrelos
In Case T-294/03:
(France),
against
Commission of the European Communities (Agent: J. Currall,
with an address for service in Luxembourg) — application for
annulment of the decision of the selection board for open
competition COM/A/6/01 not to include the applicant on the
list of successful candidates — the Court of First Instance (First
Chamber), composed of J.D. Cooke, President, I. Labucka and
V. Trstenjak, Judges; I. Natsinas, Administrator, for the Regis-
trar, gave a judgment on 31 May 2005, in which it:

1. Dismisses the application as unfounded;

2. Orders the parties to bear their own costs.

(1) OJ C 251 of 18.10.2003.

In Case T-303/03: Lidl Stiftung & Co. KG, established in Neck-
arsulm (Germany), represented by P. Groß, lawyer, against the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: U. Pfleghar and G. Schneider),
the other party to the proceedings before the Board of Appeal
of OHIM,
intervener before the Court, being REWE-Zentral
AG, established in Cologne (Germany), represented initially by
M. Kinkeldey, and subsequently by M. Kinkeldey and C.
Schmitt, lawyers — action brought against the decision of the
First Board of Appeal of OHIM of 30 June 2003 in Case R
408/2002-1 concerning the opposition of the proprietor of the
national mark SOLEVITA to the registration of the Community
word mark Salvita — the Court of First
Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Šváby, Judges; H. Jung, Registrar, gave a judgment on 7 June
2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 275 of 15.11.2003.