CELEX: C2001/108/32
Language: en
Date: 2001-04-07 00:00:00
Title: Order of the Court of First Instance of 28 November 2000 in Case T-172/99: Francesca Pentericci v Commission of the European Communities (Competition — Non-admission to the tests — Conditions of admission — Professional experience — Candidate's file — Action manifestly unfounded in law)

C 108/18               EN                      Official Journal of the European Communities                                    7.4.2001
4.    Dismisses the remainder of the application;                             JUDGMENT OF THE COURT OF FIRST INSTANCE
5.    Orders the Office for Harmonisation in the Internal Market                                 of 26 October 2000
      (Trade Marks and Designs) to pay the costs.
                                                                          in Case T-360/99: Community Concepts AG v Office for
                                                                          Harmonisation in the Internal Market (trade marks and
(1) OJ C 6 of 8.1.2000.                                                                          designs) (OHIM) (1)
                                                                          (Community trade mark — ‘Investorworld’ — Absolute
                                                                                ground for refusal — Lack of distinctive character)
                                                                                                   (2001/C 108/31)
                                                                                            (Language of the case: German)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                          In Case T-360/99: Community Concepts AG, formerly Touch-
                                                                          down Gesellschaft für erfolgsorientiertes Marketing mbH,
                       of 26 October 2000                                 established in Munich, Germany, represented by F. Bahr and
                                                                          F. Cordt-Terzi, of the Munich Bar, with an address for service
                                                                          in Luxembourg at the Chambers of N. Decker, 16 Avenue
in Case T-345/99: Harbinger Corporation v Office for                      Marie-Thérèse, against Office for Harmonisation in the Internal
Harmonisation in the Internal Market (Trade Marks and                     Market (trade marks and designs) (OHIM) (Agents: A. von
                       Designs) (OHIM) (1)                                Mühlendahl, D. Schennen, and E. Joly) — application for
                                                                          annulment of the decision of the third Board of Appeal of the
(Community trade mark — The term TRUSTEDLINK —                            Office for Harmonisation in the Internal Market (trade marks
Absolute ground for refusal — Article 7(1)(b) of Regulation               and designs) of 15 October 1999 (Case R 204/1999-3) refusing
                          (EC) No 40/94)                                  registration of the word ‘Investorworld’ as a Community trade
                                                                          mark — the Court of First Instance (Fourth Chamber),
                                                                          composed of: V. Tiili, President, R.M. Moura Ramos and
                         (2001/C 108/30)                                  P. Mengozzi, Judges; G. Herzig, Administrator, for the Regis-
                                                                          trar, has given a judgment on 26 October 2000 in which it:
                   (Language of the case: English)                        1.    Dismisses the application;
                                                                          2.    Orders the applicant to pay the costs.
In Case T-345/99: Harbinger Corporation, established in
Atlanta, Georgia, United States of America, represented by
                                                                          (1) OJ C 102 of 8.4.00.
R. Collin, M.-C. Mitchell and É. Logeais, of the Paris Bar, with
an address for service in Luxembourg at the Chambers of
Decker and Braun, 16 Avenue Marie-Thérèse, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: J. Miranda de Sousa and A. Di Carlo
) — application for annulment of the decision of 17 September
1999 of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and                           ORDER OF THE COURT OF FIRST INSTANCE
Designs) (Case R 163/1998-3) refusing the registration of the
term TRUSTEDLINK as a Community trade mark — the Court                                         of 28 November 2000
of First Instance (Fourth Chamber), composed of: V. Tiili,
President, R.M. Moura Ramos and P. Mengozzi, Judges;                      in Case T-172/99: Francesca Pentericci v Commission of
G. Herzig, Administrator, for the Registrar, has given a                                  the European Communities (1)
judgment on 26 October 2000, in which it:
                                                                          (Competition — Non-admission to the tests — Conditions
1.    Dismisses the application;                                          of admission — Professional experience — Candidate’s file
                                                                                      — Action manifestly unfounded in law)
2.    Orders the applicant to pay the costs.
                                                                                                   (2001/C 108/32)
(1) OJ C 63 of 4.3.2000.                                                                     (Language of the case: Italian)
                                                                          In Case T-172/99: Francesca Pentericci, residing at Jesi (Italy),
                                                                          represented by M. Pentericci, of the Ancona Bar, with an
 ---pagebreak--- 7.4.2001                 EN                      Official Journal of the European Communities                                       C 108/19
address for service in Luxembourg at the Chambers of                        ORDER OF THE PRESIDENT OF THE COURT OF FIRST
J. Brucher, 10 Rue de Vianden, v Commission of the European                                              INSTANCE
Communities (Agent: G. Valsesia) — application, first, for
annulment of the decision of the selection board not to                                           of 8 December 2000
admit the applicant to the written tests in open competition
COM/A/12/98 and, second, for an order requiring the defend-
                                                                            in Case T-237/99 R: BP Nederland vof and Others v
ant to pay damages — the Court of First Instance (Second
                                                                                    Commission of the European Communities
Chamber), composed of A.W.H. Meij, President, and A. Potocki
and J. Pirrung, Judges; H. Jung, Registrar, made an order on
28 November 2000, the operative part of which is as follows:                (Proceedings for interim measures — Suspension of oper-
                                                                                 ation — State aid — Prima facie case — Urgency)
1.    The action is dismissed as manifestly unfounded in law.
                                                                                                     (2001/C 108/34)
2.    The parties shall bear their own costs.
                                                                                               (Language of the case: Dutch)
(1) OJ C 281 of 2.10.1999.
                                                                            In Case T-237/99 R: BP Nederland vof, established at Alphen
                                                                            aan den Rijn (Netherlands), BP Direct vof, established at Alphen
                                                                            aan den Rijn (Netherlands), and Actomat BV, established in
                                                                            Amsterdam (Netherlands), represented by M. van Empel and
                                                                            M. Smeets, of the Amsterdam Bar, with an address for service
                                                                            in Luxembourg at the Chambers of Messrs Harles, Arendt &
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                            Medernach, 8-10 Rue Mathias Hardt, supported by the
                                                                            Kingdom of the Netherlands (Agent: M.A. Fierstra), v Com-
                        of 16 October 2000                                  mission of the European Communities (Agents: G. Rozet and
                                                                            H.M.H. Speyart) — application for partial suspension of
in Case T-195/99: SIM 2 Multimedia SpA v Commission                         operation of the Commission’s decision 1999/705/EC of
               of the European Communities (1)                              20 July 1999 on the State aid implemented by the Netherlands
                                                                            for 633 Dutch service stations located near the German border
                    (Disclaimer of jurisdiction)                            (OJ 1999 L 280, p. 87) — the President of the Court of First
                                                                            Instance made an order on 8 December 2000, the operative
                          (2001/C 108/33)                                   part of which is as follows:
                                                                            1.   The application for interim measures is dismissed.
                    (Language of the case: Italian)
                                                                            2.   The costs are reserved.
In Case T-195/99: SIM 2 Multimedia SpA, established at
Pordenone (Italy), represented by Alessio Vianello, of the
Venice Bar, with an address for service in Luxembourg at the
Chambers of Elvinger, Hoss & Prussen, 15 Côte d’Eich, v
Commission of the European Communities (Agents: G. Rozet,
A. Abate and E. Cappelli) — application for annulment of
the Commission’s decision C(1999) 1524 of 2 June 1999                       ORDER OF THE PRESIDENT OF THE COURT OF FIRST
concerning State aid granted by the Italian Government to                                                INSTANCE
Seleco SpA, inasmuch as it considers the applicant to be jointly
and severally liable to repay that part of the aid which has not                                 of 14 December 2000
been recovered from Seleco — the Court of First Instance (First
Chamber, Extended Composition), composed of: B. Vesterdorf,                 in Case T-5/00 R: Nederlandse Federatieve Vereniging
President, and A. Potocki, A.W.H. Meij, M. Vilaras and                      voor de Groothandel op Elektrotechnisch Gebied v Com-
N.J. Forwood, Judges; H. Jung, Registrar, made an order on                            mission of the European Communities
16 October 2000, the operative part of which is as follows:
1.    The Court of First Instance declines jurisdiction in Case             (Proceedings for interim measures — Suspension of oper-
      T-195/99 SIM 2 Multimedia v Commission in favour of the               ation — Competition — Payment of a fine — Bank
      Court of Justice, in order that the latter Court may rule on the                           guarantee — Urgency)
      application for annulment.
                                                                                                     (2001/C 108/35)
2.    The costs are reserved.
                                                                                               (Language of the case: Dutch)
(1) OJ C 333 of 20.11.1999.
                                                                            In Case T-5/00 R: Nederlandse Federatieve Vereniging voor de
                                                                            Groothandel op Elektrotechnisch Gebied, established in The