Source: EURLEX
Language: en
Format: md

7.6.2003 EN Official Journal of the European Union C 135/27

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 9 April 2003**

**in Case T-155/01: Robert Walton v Commission of the**
**European Communities** ( [1] )

_**(Temporary staff — Dismissal for unsatisfactory perform-**_
_**ance of duties — Actionfor annulmentand for compensation**_
_**for dismissal)**_

(2003/C 135/41)

_(Language of the case: English)_

In Case T-155/01, Robert Walton, a former member of
the temporary staff of the Commission of the European
Communities, residing in Oxford (United Kingdom), represented by P. Harris, Barrister, v Commission of the European
Communities (Agent: J. Currall): Application principally for
annulment of the letter of 3 October 2000, whereby the
Commission terminated the applicant’s employment as a
member of the temporary staff, and for compensation for
breach of his contract of employment, the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
9 April 2003, in which it has ruled:

1. _The application is dismissed._

2. _The parties shall bear their own costs._

( [1] ) OJ C 275 of 29.09.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 9 April 2003**

**in Case T-224/01: Durferrit GmbH v Office for Harmonis-**
**ation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Opposition procedure — Earlier**_
_**word mark TUFFTRIDE — Application for Community**_
_**word mark NU-TRIDE — Likelihood of confusion —**_
_**Likelihood of association — Trade marks which are contrary**_
_**to public policy or to accepted principles of morality —**_
_**Article 7(1)(f) and Article 8(1)(b) of Council Regulation**_
_**(EC) No 40/94)**_

(2003/C 135/42)

_(Language of the case: English)_

In Case T-224/01, Durferrit GmbH, established in Mannheim
(Germany), represented by P. Koch Moreno, 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 and O. Waelbroeck): Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 6 July 2001 (Case R 864/1999-1),
relating to opposition proceedings between Durferrit GmbH
and Kolene Corporation, 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 9 April 2003, in which it:

1. _Dismisses the action;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 3 of 5.1.2002.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 3 April 2003**

**in Case T-114/02: Babyliss SA v Commission of the**
**European Communities** ( [1] )

_**(Competition —**_ _**Concentrations —**_ _**Regulation**_ _**(EEC)**_
_**No 4064/89 — Action brought by a third party — Admissi-**_
_**bility — Phase one undertakings — Trade mark licence —**_
_**Amendments to undertakings — Time-limits — Financial**_
_**assistance provided by the State — Derisory trade-in price**_
_**— Serious doubts concerning the compatibility of the**_
_**concentration with the common market — Absence of**_
_**undertaking with regard to markets posing serious compe-**_
_**tition problems)**_

(2003/C 135/43)

_(Language of the case: French)_

In Case T-114/02: Babyliss SA, established in Montrouge
(France) represented by J.-P. Gunther, lawyer, supported by De
Longhi SpA, established in Trevisso (Italy), represented by
M. Merola, D. Domenicucci and I. van Schendel, lawyers,
against Commission of the European Comunities (Agents:
V. Superti, K. Wiedner and F. Lelièvre), supported by SEB SA,
established in Écully (France), represented by D. Voillemot
and S. Hautbourg, lawyers — application for annulment of
Commission Decision D/228078 of 8 January 2002 not to
oppose the concentration between SEB and Moulinex and to