Source: EURLEX
Language: en
Format: md

C 202/22 EN Official Journal of the European Communities 24.8.2002

**JUDGMENT OF THE COURT OF FIRST INSTANCE** the European Communities (Agents: R. Tricot and R. Wainwright): Application for annulment of the Commission’s
**of 13 June 2002** decision of 29 June 2000 (C (2000) 1684 final) to the effect
that repayment to the applicant of import duties is not justified,
**in Case T-232/00: Chef Revival USA Inc. v Office for** the Court of First Instance (Fourth Chamber), composed of:
**Harmonisation in the Internal Market (Trade Marks and** M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; B. Pastor,
**Designs)(OHIM)** ( [1] ) Principal Administrator, for the Registrar, has given a judgment
on 4 July 2002, in which it:
_**(Community trade mark — Opposition proceedings —**_
_**Failure to produce evidence in the language of the opposition**_
1. _Dismisses the application;_
_**proceedings — Rule 18(2) of Regulation (EC) No 2868/95)**_

(2002/C 202/31) 2. _Orders the applicant to pay the defendant’s costs in addition to_
_its own._

_(Language of the case: English)_

( [1] ) OJ C 335 of 25.11.2000.
In Case T-232/00, Chef Revival USA Inc., established in Lodi,
New Jersey (United States), represented by N. Jenkins, Solicitor,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) (Agent: A. von Mühlendahl), defendant, the
other party to the proceedings before the Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) being Joachı´n Massagué Marı´n, of Sabadell
(Spain): Action brought against the decision of the Third Board **JUDGMENT OF THE COURT OF FIRST INSTANCE**
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 26 June 2000 (Case
**of 25 June 2002**
R 181/1999-3), as corrected by corrigendum of 6 July 2000,
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Palacio
**in Case T-311/00: British American Tobacco (Invest-**
Gonza´lez, Administrator, for the Registrar, has given a judg**ments) Ltd v Commission of the European Communi-**
ment on 13 June 2002, in which it: **ties** ( [1] )

1. _Annuls the decision of the Third Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_ _**(Decision 94/90/ECSC, EC, Euratom — Public access to**_
_Designs) of 26 June 2000 (Case R 181/1999-3), as rectified_ _**Commission documents — Whether documents exist — No**_
_by corrigendum of 6 July 2000;_ _**need to proceed to judgment — Costs caused unreasonably**_
_**or vexatiously)**_
2. _Orders the Office to pay the costs._

(2002/C 202/33)
( [1] ) OJ C 316 of 4.11.2000.

_(Language of the case: English)_

**JUDGMENT OF THE COURT OF FIRST INSTANCE** In Case T-311/00, British American Tobacco (Investments)
Ltd, established in London (United Kingdom), represented
**of 4 July 2002** by S. Crosby, Solicitor, v Commission of the European
Communities (Agents: U. Wölker, X. Lewis and M. Shotter):
**in Case T-239/00: SCI UK Ltd v Commission of the** Application for annulment of the Commission’s decision of
**European Communities** ( [1] ) 7 September 2000 refusing to grant access to certain documents concerning preparatory work relating to the proposal
_**(Repayment of import duties — Article 13 of Regulation**_ for a directive of the European Parliament and of the Council
_**(EEC) No 1430/79 — Meaning of ‘special situation’)**_ (COM(1999) 594 final), presented by the Commission on
7 January 2000, on the approximation of the laws, regulations
(2002/C 202/32) and administrative provisions of the Member States concerning
the manufacture, presentation and sale of tobacco products
_(Language of the case: English)_ (OJ 2000 C 150 E, p. 43), the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; D. Christensen, Administrator, for
In Case T-239/00, SCI UK Ltd, established in Irvine (United the Registrar, has given a judgment on 25 June 2002, in which
Kingdom), represented by L. Allen, Barrister, v Commission of it: