Source: EURLEX
Language: en
Format: md

C 112/30 EN Official Journal of the European Union 10.5.2003

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 26 February 2003**

**in Case T-145/01: Benito Latino v Commission of the**
**European Communities** ( [1] )

_**(Officials — Occupational disease — Validity of the opinion**_
_**of the Medical Committee — Evidence of the occupational**_
_**origin of the disease — Scientific uncertainty — Proper**_
_**conduct of the procedure preceding the reference to the**_
_**Medical Committee)**_

(2003/C 112/57)

_(Language of the case: French)_

In Case T-145/01: Benito Latino, former official of the
Commission of the European Communities, residing in Sérignac-Peboudou (France), represented by G. Vandersanden
and L. Levi, lawyers, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) — application for the annulment of the decision of the Commission
of 10 August 2000 rejecting the applicant’s request that it
acknowledge the occupational origin of his arthritic symptoms
and charging to the applicant the fees and incidental expenses
of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor making up the committee - the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
N. J. Forwood and H. Legal, Judges; D. Christensen, Administrator, for the Registrar, gave a judgment on 26 February
2003, in which it:

1. _annuls the decision of the Commission of 10 August 2000_
_insofar as it charges to the applicant the fees and incidental_
_expenses of the doctor appointed by the applicant to the Medical_
_Committee and half of the fees and incidental expenses of the_
_third doctor;_

2. _dismisses the remainder of the application;_

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

( [1] ) OJ C 245 of 1.9.01.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 26 February 2003**

**in Case T-164/01: Arnaldo Lucaccioni v Commission of**
**the European Communities** ( [1] )

_**(Officials — Action for damages — Admissibility)**_

(2003/C 112/58)

_(Language of the case: Italian)_

In Case T-164/01: Arnaldo Lucaccioni, a former official of the
Commission of the European Commmunities, residing in StLeonard-on-Sea (United Kingdom), represented by M. Cimino
and F. Apruzzi, lawyers, against Commission of the European
Communities (Agents: J. Currall and A. Dal Ferro) — application for compensation under the ordinary law governing
non-contractual liability applicable under Article 236 EC, for
pain and suffering and physical harm suffered by the applicant
for the period preceding the onset of his occupational disease
as a result of the Commission’s negligence, — the Court of
First Instance (First Chamber), composed of: B. Vesterdorf,
President, and N. J. Forwood and H. Legal, Judges; J. Palacio
González, Principal Administrator, for the Registrar, has given
a judgment on 26 February 2003, in which it:

1. _Dismisses the application as inadmissible;_

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

( [1] ) OJ C 275 of 29.9.01.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 5 March 2003**

**in Case T-194/01: Unilever NV v Office for Harmonisation**
**in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Three-dimensional mark —**_
_**Shape of a product for dishwashers — Ovoid tablet —**_
_**Absolute ground for refusal — Article 7(1)(b) of Regulation**_
_**(EC) No 40/94)**_

(2003/C 112/59)

_(Language of the case: English)_

In Case T-194/01, Unilever NV, established in Rotterdam
(Netherlands), represented by V. von Bomhard and A. Renck,

10.5.2003 EN Official Journal of the European Union C 112/31

lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: F. López de Rego
and J. F. Crespo Carrillo): Action against the decision of the
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 22 May 2001
(Case R-1086/2000-1), the Court of First Instance (Second
Chamber), composed of: R. M. Moura Ramos, President,
J. Pirrung and A. W. H. Meij, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 5 March
2003, in which it:

1. _Dismisses the action;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 303 of 27.10.2001.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 26 February 2003**

**in Case T-212/01: Arnaldo Lucacioni v Commission of the**
**European Communities** ( [1] )

_**(Officials — Insurance Against the Risk of Accident and**_
_**of Occupational Disease — Aggravation of injuries —**_
_**Overlapping of capital and compensation provided by**_
_**Articles 12 and 14 respectively of the Insurance Rules)**_

(2003/C 112/60)

_(Language of the case: French)_

In Case T-212/01: Arnaldo Lucaccioni, former official of the
Commission of the European Communities, residing in StLeonard-on-Sea (United Kingdom), represented by J. R. Iturriagagoitia Bassas, lawyer, against Commission of the European
Communities (Agents: J. Currall and J.-L. Fagnart) - application
for annulment of the decision of the Commission of 16 November 2000 suspending the procedure to examine a request
to recognise an aggravation of his occupational illness and
refusal to take action on that request and a claim for damages the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N. J. Forwood and H. Legal, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 26 February 2003, in which it:

1. _annuls the decision of the Commission, notified to the applicant_
_by letter of 16 November 2000, to suspend the procedure_
_provided for by Article 22 of the Insurance Rules and not to act_
_on the applicant’s request seeking the recognition of the_
_aggravation of his occupational illness;_

2. _dismisses the remainder of the application;_

3. _orders the Commission to pay the costs._

( [1] ) OJ 2001 C 331.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 5 March 2003**

**in Case T-237/01: Alcon Inc v Office for Harmonisation in**
**the Internal Market (Trade Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Invalidity proceedings — ‘BSS’**_
_**— Article 51 of Regulation (EC) No 40/94 — Absolute**_
_**ground for refusal — Article 7(1)(d) of Regulation No 40/**_
_**94 — Distinctive character acquired through use —**_
_**Articles 7(3) and 51(2) of Regulation No 40/94)**_

(2003/C 112/61)

_(Language of the case: English)_

In Case T-237/01, Alcon Inc, formerly Alcon Universal
Ltd, established in Hünenberg (Switzerland), represented by
H. Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent:
S. Laitinen), the intervener before the Court of First Instance
being Dr. Robert Winzer Pharma GmbH, established in
Olching (Germany), represented by S.N. Schneller, lawyer:
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R
273/2000-1), the Court of First Instance (Second Chamber),
composed of: R.M. Moura Ramos, President, J. Pirrung and
A.W.H. Meij, Judges: J. Plingers, Administrator, for the Registrar, has given a judgment on 5 March 2003, in which it:

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 369 of 22.12.2001.