Source: EURLEX
Language: en
Format: md

C 144/42 EN Official Journal of the European Communities 15.6.2002

**JUDGMENT OF THE COURT OF FIRST INSTANCE** **JUDGMENT OF THE COURT OF FIRST INSTANCE**

**20 February 2002** **27 February 2002**

**in Case T-170/00: Förde-Reederei GmbH v Council of** **in Case T-219/00: Ellos AB v Office for Harmonisation in**
**the European Union and Commission of the European** **the Internal Market (Trade Marks and Designs) (OHIM)** ( [1] )
**Communities** ( [1] )

_**(Community trade mark — ELLOS — Absolute ground for**_
_**refusal — Descriptive nature — Article 7(1)(c) of Regulation**_
_**(Non-contractual liability of the Community — Directive**_
_**(EC) No 40/94)**_
_**92/12/EEC on the general arrangements for products subject**_
_**to excise duty — Damage caused by transitional tax exemp-**_
_**tion arrangements for products bought by travellers during**_
_**sea-crossings between two Member States)**_
(2002/C 144/89)

(2002/C 144/88)
_(Language of the case: English)_

_(Language of the case: German)_

In Case T-219/00, Ellos AB, established in Borås (Sweden),
represented by G. Bergqvist, lawyer, v Commission of the
European Communities (Agents: F. Lo´pez de Rego and
J. F. Crespo Carrillo): Action brought against the decision of
In Case T-170/00, Förde-Reederei GmbH, established in Flensthe First Board of Appeal of the Office for Harmonisation in
burg (Germany), represented by U. Schrömbges and L. Harings,
the Internal Market (Trade Marks and Designs) of 15 June
lawyers, with an address for service in Luxembourg, v Council
2000 (Case R 385/1999-1), refusing registration of the term
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)
ELLOS as a Community trade mark, Court of First Instance
and Commission of the European Communities (Agents:
(Fourth Chamber), composed of: P. Mengozzi, President,
E. Traversa, R. Lyal and K. Gross): Application seeking
V. Tiili and R. M. Moura Ramos, Judges; D. Christensen,
compensation for damage allegedly suffered following the
Administrator, for the Registrar, has given a judgment on
expiry of the transitional tax exemption arrangements pro27 February 2002, in which it:
vided by Article 28 of Council Directive 92/12/EEC of
25 February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and
monitoring of such products (OJ 1992 L 76, p. 1), Court of 1. _Annuls the decision of the First Board of Appeal of the Office_
First Instance (Second Chamber), composed of: R. M. Moura _for Harmonisation in the Internal Market (Trade Marks and_
Ramos, President, J. Pirrung and A. W. H. Meij, Judges; _Designs) of 15 June 2000 (Case R 385/1999-1) in so far as_
D. Christensen, Administrator, for the Registrar, has given a _it concerns services falling within Class 35 of the Nice_
judgment on 20 February 2002, in which it: _Agreement and corresponding to the following description:_
_‘customer services for mail-order sales’;_

1. _Dismisses the application;_ 2. _Dismisses the remainder of the application;_

2. _Orders the applicant to pay all the costs._ 3. _Orders the parties to bear their own costs._

( [1] ) OJ C 259 of 9.9.2000. ( [1] ) OJ C 316 of 4.11.2000.