Source: EURLEX
Language: en
Format: md

C 323/30 EN Official Journal of the European Communities 21.12.2002

**COURT OF FIRST INSTANCE**

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 17 October 2002**

**in Case T-98/00: Linde AG v Commission of the European**
**Communities** ( [1] )

_**(State aid — Definition — Advantage — Normal commer-**_
_**cial transaction — Rational operator in a market economy)**_

(2002/C 323/46)

_(Language of the case: German)_

In Case T-98/00, Linde AG, established in Wiesbaden (Germany), represented by H.-J. Rabe and G. Berrisch, lawyers,
supported by Federal Republic of Germany (Agents: W.D. Plessing, J. Sedemund and T. Lübbig), v Commission of the
European Communities (Agents: D. Triantafyllou and K.D. Borchardt): Application for partial annulment of Commission Decision 2000/524/EC of 18 January 2000 on the
State aid granted by Germany to Linde AG (OJ 2000 L 211,
p. 7), the Court of First Instance (Fifth Chamber, Extended
Composition), composed of: J.D. Cooke, President, R. GarcíaValdecasas, P. Lindh, N.J. Forwood and H. Legal, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 17 October 2002, in which it:

1. _Annuls Articles 2 and 3 of Commission Decision 2000/524/_
_EC of 18 January 2000 on the State aid granted by Germany_
_to Linde AG;_

2. _Orders the Commission to bear its own costs and pay those of_
_the applicant;_

3. _Orders the Federal Republic of Germany to bear its own costs._

( [1] ) OJ C 176 of 24.6.2000.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 9 October 2002**

**in Case T-173/00: KWS Saat AG v Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Regulation (EC) No 40/94 —**_
_**Colour (shade of orange) — Absolute ground for refusal —**_
_**Distinctive character — Statement of reasons)**_

(2002/C 323/47)

_(Language of the case: German)_

In Case T-173/00, KWS Saat AG, established in Einbeck
(Germany), represented by G. Würtenberger, lawyer, with an
address for service in Luxembourg, v Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: A. von Mühlendahl, E. Joly, J. Miranda de Sousa and
A. Di Carlo): 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 19 April 2000
(Case R 282/1999-2), the Court of First Instance (Second
Chamber), composed of: R.M. Moura Ramos, President, J. Pirrung and A.W.H. Meij, Judges; B. Pastor, Principal Administrator, for the Registrar, has given a judgment on 9 October
2002, in which it:

1. _Annuls the decision of the Second Board of Appeal of the Office_
_for Harmonisation in the Internal Market (Trade Marks and_
_Designs) of 19 April 2000 (Case R 282/1999-2) in regard_
_to services in Class 42;_

2. _Dismisses the remainder of the action;_

3. _Orders the applicant to bear its own costs and two thirds of the_
_costs incurred by the defendant. The defendant shall bear one_
_third of its costs._

( [1] ) OJ C 259 of 9.9.2000.