Source: EURLEX
Language: en
Format: md

C 109/44 EN Official Journal of the European Communities 4.5.2002

**JUDGMENT OF THE COURT OF FIRST INSTANCE** represented by J.-N. Louis and V. Peere, lawyers, with an
address for service in Luxembourg, against Commission of the
**7 February 2002** European Communities (Agent: J. Currall) — application for
annulment of the decision of the Commission of 8 October
**in Case T-88/00: Mag Instrument Inc. v Office for Harmon-** 1999 fixing, with effect from 16 January 1999, the applicant’s
**isation in the Internal Market (Trade Marks and Designs)** definitive classification in Grade A 7, step 1 — the Court of
**(OHIM)** ( [1] ) First Instance (Fourth Chamber), composed of M. Vilaras,
President, V. Tiili and P. Lindh, Judges; J. Palacio Gonza´lez,
_**(Community trade mark — Torch shape — Three-dimen-**_ Administrator, for the Registrar, gave a judgment on 31 Janu_**sional mark — Absolute ground for refusal — Distinctive**_ ary 2002, in which it:
_**character — Article 7(1)(b) of Regulation (EC) No 40/94)**_

1. _annuls the decision of the Commission of 8 October 1999_
(2002/C 109/87)
_fixing, with effect from 16 January 1999, the applicant’s_
_definitive classification in Grade A 7, step 1._
_(Language of the case: German)_

2. _orders the Commission to pay the costs._
In Case T-88/00, Mag Instrument Inc., established in Ontario
(United States of America), represented by A. Nette, W. von
der Osten-Sacken, H. Stratmann, G. Rahn and U. Hocke,
( [1] ) OJ 2000 C 285.
lawyers, 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 and
S. Bonne): 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 14 February
2000 (Cases R-237/1999-2 to R-241/1999-2) refusing registration of five three-dimensional trade marks consisting of
torch shapes, Court of First Instance (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura
**JUDGMENT OF THE COURT OF FIRST INSTANCE**
Ramos, Judges; D. Christensen, Administrator, Registrar, has
given a judgment on 7 February 2002, in which it:

**7 February 2002**
1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._
**in Case T-211/00: Aldo Kuijer v Council of the European**

**Union** ( [1] )
( [1] ) OJ C 163 of 10.6.2000.

_**(Transparency — Council Decision 93/731/EC on public**_
_**access to Council documents — Refusal of an application for**_
_**access — Protection of the public interest — International**_
_**relations — Manifest error — Partial (access)**_
**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 31 January 2002** (2002/C 109/89)

**in Case T-206/00: Merja Hult v the Commission of the**
_(Language of the case: English)_
**European Communities** ( [1] )

_**(Officials — Classification — Statement of reasons —**_
_**Article 32 of the Staff Regulations — Commission decision**_
_**on the criteria applicable to appointment to grade and**_
In Case T-211/00, Aldo Kuijer, residing in Utrecht (Nether_**classification in step on recruitment — Additional seniority**_
lands), represented by O.W. Brouwer and T. Janssens, lawyers,
_**in grade — Conditions — Principle of legal certainty)**_
with an address for service in Luxembourg, v Council of the
European Union (agents: M. Bauer and M. Bishop): Application
(2002/C 109/88) for annulment of the Council’s decision notified to the
applicant by letter of 7 June 2000 refusing him access to
_(Language of the case: French)_ certain documents from the Centre for Information, Discussion
and Exchange on Asylum (‘CIREA’) which were requested
under Council Decision 93/731/EC of 20 December 1993 on
In Case T-206/00: Merja Hult, an official of the Commission of public access to Council documents (OJ 1993 L 340, p. 43),
the European Communities, residing in Howald (Luxembourg), Court of First Instance (Fourth Chamber), composed of: