Source: EURLEX
Language: en
Format: md

22.3.2003 EN Official Journal of the European Union C 70/21

States of America, the Court of First Instance (Second Chamber,
Extended Composition), composed of: R. M. Moura Ramos,
President, V. Tiili, J. Pirrung, P. Mengozzi and A. W. H. Meij,
Judges, Registrar: J. Plingers, Administrator, has given a
judgment on 15 January 2003, in which it:

1. _Dismisses the applications as inadmissible;_

2. _Orders the applicants to bear their own costs and, jointly and_
_severally, the costs incurred by the Commission;_

3. _Orders the interveners to bear their own costs._

( [1] ) OJ C 79 of 10.3.2001 and C 3 of 5.1.2002.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 12 December 2002**

**in Case T-110/01: Vedial SA v Office for Harmonisation in**
**the Internal Market (trade marks and designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition proceedings —**_
_**Earlier word mark SAINT-HUBERT 41 — Application for**_
_**a figurative Community mark including the word ‘HUBERT’**_
_**— Relative grounds for refusal — Likelihood of confusion**_
_**— Article 8(1)(b) of Regulation (EC) No 40/94)**_

(2003/C 70/33)

_(Language of the case: French)_

In Case T-110/01: Vedial SA, a company established in Ludres,
France, represented by T. van Innis and G. Glas, Lawyers, with
an address for service in Luxembourg, against Office for
Hamonisation in the Internal Market (trade marks and designs)
(OHIM) (Agent: E. Joly), the other party to the proceedings
before the board of appeal of the Office for Hamonisation in
the Internal Market (trade marks and designs) being France
Distribution, a company established in Emerainville, France —
appeal against the decision of the first board of appeal of the
Office for Harmonisation in the Internal Market (trade marks
and designs) of 9 March 2001 (Case R 127/2000-1) — the
Court of First Instance (Fourth Chamber), composed of
M. Vilaras, President, and V. Tiili and P. Mengozzi, Judges;
D. Christensen, Administrator, for the Registrar, gave a judgment on 12 December 2002, in which it:

1. _Dismissed the action;_

2. _Ordered each party to bear its costs._

( [1] ) OJ C 227 of 11.8.01.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 15 January 2003**

**in Case T-171/01: Institut de l’audiovisuel et des télécom-**
**munications en Europe (IDATE) v Commission of the**
**European Communities** ( [1] )

_**(Arbitration clause —Community Trans-European Telecom-**_
_**munications Networks Programme — Contract relating**_
_**to the organisation of seminars on using Euro-ISDN —**_
_**Allowable costs)**_

(2003/C 70/34)

_(Language of the case: French)_

In Case T-171/01, Institut de l’audiovisuel et des télécommunications en Europe (IDATE), established in Montpellier (France),
represented by H. Calvet, lawyer, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: M. Wolfcarius and M. Shotter and J.-L. Fagnart):
Application for a declaration by the Court of First Instance
that ‘allowable costs’ payable by the Commission, for the
purposes of the contract concluded between the Commission
and the applicant in the context of the Trans-European
Telecommunications Networks Programme, covers the whole
of the costs invoiced by the applicant’s subcontractors under
that contract and, in the alternative, for compensation for the
loss allegedly suffered by the applicant as a consequence of the
breaches committed by the Commission in the performance
of that contract, the Court of First Instance (Second Chamber),
composed of: R. M. Moura Ramos, President, J. Pirrung and
A. W. H. Meij, Judges; H. Jung, Registrar, has given a judgment
on 15 January 2003, in which it:

1. _Declares that ‘allowable costs’ payable by the Commission, for_
_the purposes of the contract at issue, covers the whole of the_
_costs invoiced to the applicant by its subcontractors under that_
_contract._

2. _Orders the Commission to pay the costs._

( [1] ) OJ C 303 of 27.10.2001.