Source: EURLEX
Language: en
Format: md

C 44/26 EN Official Journal of the European Union 22.2.2003

with an address for service in Luxembourg, against Commission of the European Communities (Agents: C. BerardisKayser and D. Waelbroeck) — application for annulment of
the Commission’s decision not to appoint the applicant to the
post of Head of Unit 3 ‘Distributive trade and other services’
within Directorate D ‘Services’ within the Directorate-General
for Competition (COM/001/00) and of its decision to appoint
a different applicant to the post andan application for damages
— the Court of First Instance (Third Chamber), composed of
M. Jaeger, President, and K. Lenaerts and J. Azzizi, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 12 December 2002, in which it:

1. _Annulled the Commission’s decisions of 4 March 2000_
_appointing Mrs Evans to the post of Head of Unit 3_
_‘Distributive trade and other services’ within Directorate D_
_‘Services’ within the Directorate-General for Competition and_
_dismissing the applicant’s application for that post;_

2. _Ordered the Commission to pay the applicant EUR 2 500;_

3. _Dismissed the remainder of the action;_

4. _Ordered the Commission to pay the costs._

( [1] ) OJ C 45 of 10.2.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 12 December 2002**

**in Case T-39/01: Kabushiki Kaisha Fernandes v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition procedure — Earlier**_
_**word mark HIWATT — Application for Community word**_
_**mark HIWATT — Proof of genuine use of earlier mark —**_
_**Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule**_
_**22 of Regulation (EC) No 2868/95)**_

(2003/C 44/48)

_(Language of the case: English)_

In Case T-39/01, Kabushiki Kaisha Fernandes, established in
Tokyo (Japan), represented by R. Hacon, N. Phillips and
I. Wood, lawyers, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),

the other party before the Court being Richard John Harrison,
of Doncaster, South Yorkshire (United Kingdom), represented
by M. Edenborough, Barrister, and S. Pilling, Solicitor: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 4 December 2000 (Case R 116/20001), the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on
12 December 2002, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 150 of 19.5.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 28 November 2002**

**in Case T-40/01: Scan Office Design SA v Commission of**
**the European Communities** ( [1] )

_**(Public procurement — Supply of office furniture — Actions**_
_**for damages)**_

(2003/C 44/49)

_(Language of the case: French)_

In Case T-40/01: Scan Office Design SA, a company established
in Brussels, represented by B. Mertens and C. Steyaert, Lawyers,
against Commission of the European Communities (Agents:
L. Parpala and D. Martin) — application for compensation of
damages allegedly sustained by the applicant as a result of the
Commission’s decision to award to a third party the contract
which was the subject of its call for tenders No 96/31/IX.C1
for the supply of office furniture — the Court of First Instance
(Third Chamber), composed of M. Jaeger, President, and
K. Lenaerts and J. Azizi, Judges; J. Palacio González, Administrator, for the Registrar, gave a judgment on 28 December
2002, in which it:

1. _Dismissed the action;_

2. _Ordered the Commission to pay the costs._

( [1] ) OJ C 150 of 19.5.2001.