Source: EURLEX
Language: en
Format: md

10.5.2003 EN Official Journal of the European Union C 112/31

lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: F. López de Rego
and J. F. Crespo Carrillo): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 22 May 2001
(Case R-1086/2000-1), the Court of First Instance (Second
Chamber), composed of: R. M. Moura Ramos, President,
J. Pirrung and A. W. H. Meij, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 5 March
2003, in which it:

1. _Dismisses the action;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 303 of 27.10.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 26 February 2003**

**in Case T-212/01: Arnaldo Lucacioni v Commission of the**
**European Communities** ( [1] )

_**(Officials — Insurance Against the Risk of Accident and**_
_**of Occupational Disease — Aggravation of injuries —**_
_**Overlapping of capital and compensation provided by**_
_**Articles 12 and 14 respectively of the Insurance Rules)**_

(2003/C 112/60)

_(Language of the case: French)_

In Case T-212/01: Arnaldo Lucaccioni, former official of the
Commission of the European Communities, residing in StLeonard-on-Sea (United Kingdom), represented by J. R. Iturriagagoitia Bassas, lawyer, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) - application
for annulment of the decision of the Commission of 16 November 2000 suspending the procedure to examine a request
to recognise an aggravation of his occupational illness and
refusal to take action on that request and a claim for damages the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N. J. Forwood and H. Legal, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 26 February 2003, in which it:

1. _annuls the decision of the Commission, notified to the applicant_
_by letter of 16 November 2000, to suspend the procedure_
_provided for by Article 22 of the Insurance Rules and not to act_
_on the applicant’s request seeking the recognition of the_
_aggravation of his occupational illness;_

2. _dismisses the remainder of the application;_

3. _orders the Commission to pay the costs._

( [1] ) OJ 2001 C 331.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 5 March 2003**

**in Case T-237/01: Alcon Inc v Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Invalidity proceedings — ‘BSS’**_
_**— Article 51 of Regulation (EC) No 40/94 — Absolute**_
_**ground for refusal — Article 7(1)(d) of Regulation No 40/**_
_**94 — Distinctive character acquired through use —**_
_**Articles 7(3) and 51(2) of Regulation No 40/94)**_

(2003/C 112/61)

_(Language of the case: English)_

In Case T-237/01, Alcon Inc, formerly Alcon Universal
Ltd, established in Hünenberg (Switzerland), represented by
H. Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent:
S. Laitinen), the intervener before the Court of First Instance
being Dr. Robert Winzer Pharma GmbH, established in
Olching (Germany), represented by S.N. Schneller, lawyer:
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R
273/2000-1), the Court of First Instance (Second Chamber),
composed of: R.M. Moura Ramos, President, J. Pirrung and
A.W.H. Meij, Judges: J. Plingers, Administrator, for the Registrar, has given a judgment on 5 March 2003, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 369 of 22.12.2001.