Source: EURLEX
Language: en
Format: md

C 3/30 EN Official Journal of the European Communities 5.1.2002

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

**of 3 October 2001** **of 19 September 2001**

**in Case T-140/00: Zapf Creation AG v Office for Harmon-**
**in Case T-152/00: E v Commission of the European**
**isation in the Internal Market (Trade Marks and Designs)**
**Communities** ( [1] )
**(OHIM)** ( [1] )

_**(Community trade mark — ‘New Born Baby’ — Absolute**_ _**(Officials — Candidacy rejected — Infringement of the**_
_**grounds for refusal — Article 7(1)(b) and (c) of Regulation**_ _**vacancy notice — Manifest error of assessment — Discrimi-**_
_**(EC) No 40/94)**_ _**nation — Misuse of powers)**_

(2002/C 3/51) (2002/C 3/52)

_(Language of the case: German)_ _(Language of the case: French)_

In Case T-140/00: Zapf Creation AG, established in Rödental
(Germany), represented by A. Kockläuner, avocat, with an In Case T-152/00: E, a member of the temporary staff of
address for service in Luxembourg, against Office for Harmon- the Commission of the European Communities, residing in
isation in the Internal Market (Trade Marks and Designs) Brussels, represented by G. Vandersanden, Avocat, with an
(OHIM) (Agents: D. Schennen, A. von Mühlendahl and C. Røhl address for service in Luxembourg, against the Commission of
Søberg) — action brought against the decision of the Third the European Communities (Agents: G. Valsesia and J. Currall)
Board of Appeal of the Office for Harmonisation in the Internal — first an application for annulment of the rejection of the
Market (Trade Marks and Designs) (OHIM) of 21 March 2000 applicant’s candidacy for the post of head of ‘Mediterranean’
(Case R 348/1999-3) relating to the registration of ‘New Born unit, Directorate ‘International role’ of the ‘Science, research
Baby’ as a Community trade mark — the Court of First Instance and development’ Directorate General and of the appointment
(Fourth Chamber), composed of P. Mengozzi, President, V. Tiili of P to that post and, secondly, a claim for damages allegedly
and R.M. Moura Ramos, Judges; D. Christensen, Administrator, caused by those two decisions — the Court of First Instance
for the Registrar, has given a judgment on 3 October 2001, in (Second Chamber), composed of A.W.H. Meij, President,
which it: A. Potocki and J. Pirrung, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 19 September 2001, 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) of 21 March 2000 (Case R 348/1999-3);_ 1. _dismisses the application;_

2. _Orders the Office to bear its own costs and to pay those of the_ 2. _orders the parties to bear their own costs._
_applicant._

( [1] ) OJ C 259 of 9.9.2000.
( [1] ) OJ C 233 of 12.8.2000.