Source: EURLEX
Language: en
Format: md

C 180/24 EN Official Journal of the European Communities 27.7.2002

**ORDER OF THE COURT OF FIRST INSTANCE** **ORDER OF THE PRESIDENT OF COURT OF FIRST**
**INSTANCE**

**of 29 April 2002**
**of 18 April 2002**

**in Case T-300/01 R, Carlo de Nicola v European Invest-**
**ment Bank**
**in Case T-238/00: International and European Public**
**Services Organisation (IPSO) and the Union of Staff of** _**(Procedure for interim relief — Suspension of operation of a**_
**the European Central Bank (USE) v European Central** _**measure — Urgency — Absence)**_
**Bank** ( [1] )

(2002/C 180/42)

_**(European Central Bank — Refusal to amend the conditions**_ _(Language of the case: Italian)_
_**of employment and the rules applicable to the staff —**_
_**Unions — Action for annulment — Inadmissibility)**_
In Case T-300/01 R, Carlo de Nicola, resident in Rome,
represented by L. Isola, lawyer, against European Investment
Bank (Agents: C. Go´mez de la Cruz and C. Camilli) —
(2002/C 180/41)
application for suspension of the operation of the decision of
the European Investment Bank dismissing the applicant — the
President of the Court of First Instance made an order on
29 April 2002, the operative part of which is as follows:
_(Language of the case: German)_

1. _The application for interim measures is dismissed;_

2. _The costs are reserved._

In Case T-238/00: International and European Public Services
Organisation (IPSO), established in Frankfurt am Main, Germany, and the Union of Staff of the European Central Bank
(USE), established in Frankfurt am Main, represented by
Christian Roth, Tanja Raab-Rhein and Michael Roth, Rechtsan- **Action brought on 8 May 2002 by SiSi-Werke GmbH &**
wälte, with an address for service in Luxembourg, against **Co. Betriebs KG against the Office for Harmonisation in**
European Central Bank (Agents: J. M. Ferna´ndez Martı´n, **the Internal Market (Trade Marks and Designs)**
J. Sa´nchez Santiago and B. Wägenbaur) — application for
annulment of the decision of the Vice-President of the **(Case T-146/02)**
European Central Bank of 7 July 2000 refusing to consider the
requests submitted by the applicants seeking the amendment (2002/C 180/43)
of certain provisions of the conditions of employment of the
staff at the European Central Bank and of the rules applicable
_(Language of the case: German)_
to the staff of the European Central Bank — the Court of First
Instance (Fourth Chamber), composed of M. Vilaras, President,
V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, made an
order on 18 April 2002, the operative part of which is as An action against the Office for Harmonisation in the Internal
follows: Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8 May
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumen1. _The application is dismissed as inadmissible._ röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.
2. _The applicants shall bear their own costs and pay those incurred_
_by the defendant._
The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
( [1] ) OJ C 335 of 25.11.2000. Marks and Designs) of 28 February 2002 in case R 724/
1999-2, relating to Community trade mark application
number 573 725, in so far as it relates to goods in
Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;

27.7.2002 EN Official Journal of the European Communities C 180/25

—
order the defendant to pay the costs. The applicant claims that the Court should:

—
annul the decision of the Second Board of Appeal of the
_Pleas in law and main arguments_
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 28 February 2002 in case R 748/
Trade mark applied for: Three-dimensional mark in the 1999-2, relating to Community trade mark application
shape of an upright bottle — number 573 303, in so far as it relates to goods in
application No 573 725 Class 32 of the Nice Agreement corresponding to the
following description: fruit drinks and fruit juices;
Goods or services: After limiting the list of goods
and services: goods in Class 32
(fruit drinks and fruit juices) —
order the defendant to pay the costs.

Decision contested Refusal to register by the Exambefore the Board of iner
Appeal:

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:
_Pleas in law and main arguments_

Pleas in law relied on: — Infringement of
Article 7(1)(c) of Regulation
No 40/94 ( [1] ) Trade mark applied for: Three-dimensional mark in the
— No need to refuse the mark shape of an upright bottle —
application No 573 303
claimed registration

— Infringement of
Article 7(1)(b) of Regulation Goods or services: After limiting the list of goods
No 40/94 and services: goods in Class 32
(fruit drinks and fruit juices)
— German registrations for
upright bottles
Decision contested Refusal to register by the Exambefore the Board of iner
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the Appeal:
Community trade mark (OJ 1994 L 11, p. 1).

Decision of the Board of Dismissal of the applicant’s appeal
Appeal:

Pleas in law relied on: — Infringement of
**Action brought on 8 May 2002 by SiSi-Werke GmbH &** Article 7(1)(c) of Regulation
**Co. Betriebs KG against the Office for Harmonisation in** No 40/94 ( [1] )
**the Internal Market (Trade Marks and Designs)** — No need to refuse the mark
claimed registration
**(Case T-147/02)**
— Infringement of
Article 7(1)(b) of Regulation
(2002/C 180/44)
No 40/94

_(Language of the case: German)_ — German registrations for
upright bottles

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Court of First Instance of the European Communities on 8 May
Community trade mark (OJ 1994 L 11, p. 1).
2002 by SiSi-Werke GmbH & Co. Betriebs KG, of Eppelheim,
Germany, represented by H. Eichmann, G. Barth, U. Blumenröder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.