Source: EURLEX
Language: en
Format: md

C 3/26 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 10 October 2001** **of 19 September 2001**

**in Case T-117/00: Procter & Gamble Company v Office**
**in Case T-111/00: British American Tobacco International**
**for Harmonisation in the Internal Market (Trade Marks**
**(Investments) Ltd v Commission of the European Com-**
**munities** ( [1] ) **and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Shape of a product for washing**_
_**(Decision 94/90/ECSC, EC, Euratom — Public access to**_
_**machines or dishwashers — Three-dimensional mark —**_
_**Commission documents — Minutes of the Committee on**_
_**Absolute ground for refusal — Article 7(1)(b) of Regulation**_
_**Excise Duties — Partial access — Exception — Identities of**_
_**(EC) No 40/94)**_
_**national delegations — Protection of an institution’s interest**_
_**in the confidentiality of its proceedings)**_

(2002/C 3/44)

(2002/C 3/43)

_(Language of the case: English)_

_(Language of the case: English)_

In Case T-117/00: Procter & Gamble Company, established in
Cincinnati, Ohio (United States of America), represented by
In Case T-111/00: British American Tobacco International C.J.J.C. van Nispen and G. Kuipers, lawyers, with an address
(Investments) Ltd, established in London (United Kingdom), for service in Luxembourg, against Office for Harmonisation
represented by S. Crosby, Solicitor, against Commission of the in the Internal Market (Trade Marks and Designs) (OHIM)
European Communities (Agents: U. Wölker and X. Lewis) — (Agents: A. von Mühlendahl, D. Schennen and C. Røhl Søberg)
application for annulment of the Commission’s decision — application brought against the decision of the First Board
partially refusing an application for access to certain minutes of Appeal of the Office for Harmonisation in the Internal
of the Committee on Excise Duties — the Court of First Market (Trade Marks and Designs) of 8 March 2000 (Case
Instance (First Chamber), composed of B. Vesterdorf, President, R-509/1999-1), which was notified to the applicant on
M. Vilaras and N.J. Forwood, Judges; H. Jung, Registrar, has 13 March 2000 — the Court of First Instance (Second
given a judgment on 10 October 2001, in which it: Chamber), composed of A.W.H. Meij, President, A. Potocki
and J. Pirrung, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 19 September 2001, in
which it:

1. _Annuls the Commission’s decision partially to reject an appli-_
_cation for access to certain minutes of the Committee on Excise_
_Duties._
1. _Dismisses the action;_

2. _Orders the Commission to pay the costs._
2. _Orders the parties to bear their own costs._

( [1] ) OJ C 192 of 8.7.2000.
( [1] ) OJ C 192 of 8.7.2000.