Source: EURLEX
Language: en
Format: md

C 134/18 EN Official Journal of the European Communities 5.5.2001

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Bar, with an address for service in Luxembourg at the offices _cultural activities; organisation and conducting of shows,_
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v _quizzes and musical events and conducting competitions_
European Parliament (Agents: J. Schoo, H. von Hertzen, _in the entertainment field, with a view to their broadcast-_
D. Moore and D. Waelbroeck) — application, first, for _ing either at a subsequent time or live on radio or_
annulment of the decisions of the Parliament not to appoint the _television; production of television and radio advertising_
applicants to the post of Director-General of the Directorate- _broadcasts including associated prize game broadcasts;_
General for Finance and Financial Control and of the decision _organising competitions in the entertainment field; organ-_
appointing another candidate to that post and, second, for _ising concerts, theatre events and variety shows, all falling_
damages — the Court of First Instance (Fifth Chamber), _under Class 41;_
composed of: R. Garcı´a-Valdecasas, President, and P. Lindh

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and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment _management and exploitation of copyright and industrial_
on 16 January 2001, in which it: _property rights for others; technical consultancy in the_
_field of multimedia, interactive television and Pay TV (in_
1. _Dismisses the actions;_ _so far as included in Class 42); computer programming,_
_including video and computer games, all falling under_
2. _Orders the parties to bear their own costs._ _Class 42;_

( [1] ) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999. 2. _Dismisses the appeal as to the remainder;_

3. _Orders the parties to bear their own costs._

( [1] ) OJ C 246 of 28.8.99.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 31 January 2001**

**in Case T-135/99: Taurus-Film GmbH & Co v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] ) **JUDGMENT OF THE COURT OF FIRST INSTANCE**

_**(Community trade mark — Term CINE ACTION — Absol-**_ **of 31 January 2001**
_**ute grounds for refusal — Article 7(1)(c) of Regulation (EC)**_
_**No 40/94)**_
**in Case T-136/99: Taurus-Film GmbH & Co v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
(2001/C 134/38) **Designs) (OHIM)** ( [1] )

_(Language of the case: German)_ _**(Community trade mark — Term CINE COMEDY —**_
_**Absolute grounds for refusal — Article 7(1)(c) of Regulation**_
In Case T-135/99: Taurus-Film GmbH & Co, established _**(EC) No 40/94)**_
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem- (2001/C 134/39)
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
_(Language of the case: German)_
application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 19 March 1999 (Case In Case T-136/99: Taurus-Film GmbH & Co, established
R 98/98-3), concerning the registration of the term CINE in Unterföhring (Germany), represented by R. Schneider,
ACTION as a Community trade mark — the Court of First Rechtsanwalt, Bremen, with an address for service in LuxemInstance (Second Chamber), composed of: J. Pirrung, President, bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator, Office for Harmonisation in the Internal Market (Trade Marks
for the Registrar, has given a judgment on 31 January 2001, and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
in which it: application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
1. _Annuls the decision of the Third Board of Appeal of the Office_ Market (Trade Marks and Designs) of 19 March 1999 (Case
_for Harmonisation in the Internal Market (Trade Marks and_ R 97/98-3), concerning the registration of the term CINE
_Designs) of 19 March 1999 (Case R 98/98-3) in so far as it_ COMEDY as a Community trade mark — the Court of First
_concerns the following services:_ Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,

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_allocation and transfer of rights of access for users of_ for the Registrar, has given a judgment on 31 January 2001,
_various communication networks, falling under Class 38;_ in which it:

5.5.2001 EN Official Journal of the European Communities C 134/19

1. _Annuls the decision of the Third Board of Appeal of the Office_ selection board of 21 June 1999 confirming that initial
_for Harmonisation in the Internal Market (Trade Marks and_ decision following a re-examination thereof and, second, of all
_Designs) of 19 March 1999 (Case R 97/98-3) in so far as it_ subsequent steps taken and measures adopted in the said
_concerns the following services:_ competition — the Court of First Instance (Single Judge:
A.W.H. Meij); J. Palacio Gonza´lez, Administrator, for the

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_allocation and transfer of rights of access for users of_ Registrar, has given a judgment on 17 January 2001, in which
_various communication networks, falling under Class 38;_ it:

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_cultural activities; organisation and conducting of shows,_ 1. _Dismisses the application;_
_quizzes and musical events and conducting competitions_
_in the entertainment field, with a view to their broadcast-_ 2. _Orders the parties to bear their own costs._
_ing either at a subsequent time or live on radio or_
_television; production of television and radio advertising_
_broadcasts including associated prize game broadcasts;_ ( [1] ) OJ C 333 of 20.11.1999.
_organising competitions in the entertainment field; organ-_
_ising concerts, theatre events and variety shows, all falling_
_under Class 41;_

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_management and exploitation of copyright and industrial_
_property rights for others; technical consultancy in the_
_field of multimedia, interactive television and Pay TV (in_
**JUDGMENT OF THE COURT OF FIRST INSTANCE**
_so far as included in Class 42); computer programming,_
_including video and computer games, all falling under_
_Class 42;_ **of 31 January 2001**

2. _Dismisses the appeal as to the remainder;_ **in Case T-193/99: Wm. Wrigley Jr. Company v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
3. _Orders the parties to bear their own costs._ **Designs) (OHIM)** ( [1] )

( [1] ) OJ C 246 of 28.8.99. _**(Community trade mark — Term DOUBLEMINT — Absol-**_
_**ute ground for refusal — Article 7(1)(c) of Regulation (EC)**_
_**No 40/94)**_

(2001/C 134/41)

_(Language of the case: English)_
**JUDGMENT OF THE COURT OF FIRST INSTANCE**

In Case T-193/99: Wm. Wrigley Jr. Company, established in
**of 17 January 2001**
Chicago, Illinois, United States of America, represented by
M. Kinkeldey, Rechtsanwalt, Munich, 58 Maximilianstraße,
**in Case T-189/99: Ioannis Gerochristos v Commission of**
Munich, Germany, against Office for Harmonisation in the
**the European Communities** ( [1] )
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
V. Melgar and S. Laitinen) — application for annulment of the
_**(Competition COM/A/12/98 — Action for annulment —**_ decision of the First Board of Appeal of the Office for
_**Pre-selection tests — Retroactive cancellation of certain**_ Harmonisation in the Internal Market (Trade Marks and
_**multiple-choice questions — Principle of equal treatment of**_ Designs) of 16 June 1999 (Case R 216/1998-1) concerning
_**candidates — Obligation to provide a statement of reasons)**_ the registration of the term DOUBLEMINT as a Community
trade mark — the Court of First Instance (Second Chamber),
(2001/C 134/40) composed of: J. Pirrung, President, A. Potocki and A.W.H. Meij,
Judges; B. Pastor, Principal Administrator, for the Registrar,
has given a judgment on 31 January 2001, in which it:
_(Language of the case: Greek)_
1. _Annuls the decision of the First Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade marks and_
In Case T-189/99: Ioannis Gerochristos, residing in Thessaloni_Designs) of 16 June 1999 (Case R 216/1998-1);_
ki (Greece), represented by N. Korogiannakis, of the Athens
Bar, with an address for service in Luxembourg at the offices
2. _Orders the defendant to pay the costs._
of Brown Holding SA, 310 Route d’Esch, v Commission of the
European Communities (Agents: G. Valsesia and M. Condou
Durande) — application for annulment, first, of the decision ( [1] ) OJ C 333 of 20.11.99.
of 30 April 1999 of the selection board in competition
COM/A/12/98 excluding the applicant from the tests subsequent to the pre-selection test and of the decision of that