Source: EURLEX
Language: en
Format: md

25.1.2003 EN Official Journal of the European Communities C 19/31

the Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) being ELS
Educational Services, Inc., established in Culver City, California
(United States): Action brought against the decision of the
Third Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 18 October
2000 (Case R 074/2000-3), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. _Annuls the decision of the Third Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_
_Designs) (OHIM) of 18 October 2000 (Case R 074/2000-_
_3) in so far as it relates to the analysis of the likelihood of_
_confusion between the conflicting marks;_

2. _For the rest, dismisses the application;_

3. _Orders the defendant to bear its own costs and pay two thirds_
_of the costs incurred by the applicant. The applicant shall bear_
_one third of its own costs._

( [1] ) OJ C 79 of 10.3.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 23 October 2002**

**in Case T-6/01: Matratzen Concord GmbH v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition — Relative grounds**_
_**for refusal — Similarity between two trade marks —**_
_**Likelihood of confusion — Article 8(1)(b) of Regulation**_
_**(EC) No 40/94 — Application for a figurative Community**_
_**trade mark containing the word ‘Matratzen’ — Earlier word**_
_**trade mark MATRATZEN)**_

(2003/C 19/57)

_(Language of the case: German)_

In Case T-6/01, MatratzenConcord GmbH, formerly Matratzen
Concord AG, established in Cologne (Germany), represented
by W.-W. Wodrich, avocat, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
A. von Mühlendahl, G. Schneider and E. Joly): Action brought
against the decision of the Second Board of Appeal of the

Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 31 October 2000 (Joined Cases R 728/19992 and R 792/1999-2), relating to opposition proceedings
between Hukla Germany SA and Matratzen Concord GmbH,
the Court of First Instance (Fourth Chamber), composed
of: M. Vilaras, President, V. Tiili and P. Mengozzi, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 23 October 2002, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 108 of 7.4.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 20 November 2002**

**in Joined Cases T-79/01 and T-86/01: Robert Bosch GmbH**
**v Office for Harmonisation in the Internal Market (Trade**
**Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Kit Pro and Kit Super Pro —**_
_**Absolute groundsfor refusal — Article 7(1)(b) of Regulation**_
_**(EC) No 40/94)**_

(2003/C 19/58)

_(Language of the case: German)_

In Joined Cases T-79/01 and T-86/01, Robert Bosch GmbH,
established in Stuttgart (Germany), represented by S. Völker,
lawyer, with an address for service in Luxembourg, v Commission of the European Communities (Agent: G. Schneider):
Actions brought against two decisions of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 31 January 2001 (Cases R 124/
2000-1 and R 123/2000-1) on the registration of Kit Pro and
Kit Super Pro respectively as Community trade marks, the
Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment
on 20 November 2002, in which it:

C 19/32 EN Official Journal of the European Communities 25.1.2003

1. _Dismisses the applications;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 186 of 30.6.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 26 November 2002**

**in Case T-103/01: Michael Cwik v Commission of the**
**European Communities** ( [1] )

_**(Officials — Reorganisation of the Commission’s adminis-**_
_**trative structures — Redeployment — Reasons — Interest**_
_**of the service — Misuse of power — Duty of care)**_

(2003/C 19/59)

_(Language of the case: French)_

In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Communities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, inthe firstplace, for annulment of theCommission
decision transferring the applicant from the ‘Economic Information, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the
‘Economic and Financial Affairs’ Directorate-General, and,
second, for compensation — 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
26 November 2002, the operative part of which is as follows:

1. _The application is dismissed;_

2. _The parties shall bear their own costs._

( [1] ) OJ C 227 of 11.08.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 23 October 2002**

**in Case T-104/01: Claudia Oberhauser v Office for Har-**
**monisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition — Earlier figurative**_
_**mark containing the term ‘miss fifties’ — Application for**_
_**Community word mark ‘Fifties’ — Relative ground for**_
_**refusal — Likelihood of confusion — Article 8(1)(b) of**_
_**Regulation (EC) No 40/94)**_

(2003/C 19/60)

_(Language of the case: German)_

In Case T-104/01, Claudia Oberhauser, established in Munich
(Germany), represented by M. Graf, lawyer, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), 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 Petit Liberto, SA, established in Vidreres (Spain):
Action brought against the decision of the Second Chamber
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 28 February
2001 (Case R 757/1999-2), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 227 of 11.8.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 7 November 2002**

**in Case T-199/01: G v Commission of the European**
**Communities** ( [1] )

_**(Officials — Social security — Refusal to reimburse medical**_
_**expenses — Inefficacious treatment)**_

(2003/C 19/61)

_(Language of the case: French)_

In Case T-199/01: G, an official of the Commission of the
European Communities, residing in Ispra (Italy), represented by