CELEX: C2002/003/42
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2001 in Case T-30/00: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Tablet for washing machines or dishwashers — Figurative mark — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

5.1.2002                EN                     Official Journal of the European Communities                                         C 3/25
Brussels, represented by R. Garcı́a-Gallardo and G. Pérez Olmo,           1.    Orders the Commission to pay the applicant the sum of
lawyers, with an address for service in Luxembourg, against                     EUR 109 921, together with post-maturity interest calculated
Commission of the European Communities (Agents: J. Currall                      in accordance with Article 18(7) of Commission Regulation
and J. Rivas Andrés) — application for annulment of the                         (EC) No 2519/97 of 16 December 1997 laying down general
decision of the Commission of 26 February 1999 withdrawing                      rules for the mobilisation of products to be supplied under
the applicant’s expatriation allowance and withholding from                     Council Regulation (EC) No 1292/96 as Community food aid,
her remuneration the amounts paid to her in that respect —                      as from 6 May 1999 until the debt is paid in full;
the Court of First Instance (Fifth Chamber), composed of
P. Lindh, President, R. Garcı́a-Valdecasas and J.D. Cooke,                2.    Orders the Commission to pay the costs.
Judges; J. Palacio González, Administrator, for the Registrar,
gave a judgment on 20 September 2001, in which it:
                                                                          (1) OJ C 122 of 29.4.2000.
1.    annuls the decision of the Commission of 26 February 1999;
2.    dismisses as inadmissible the claim that the Court make
      an appropriate order requiring the Commission to fulfil its
      obligations under Article 233 EC;
3.    orders the Commission to bear its own costs and pay those of            JUDGMENT OF THE COURT OF FIRST INSTANCE
      the applicant.
                                                                                               of 19 September 2001
(1) OJ C 79 of 18.3.2000.
                                                                          in Case T-30/00: Henkel KGaA v Office for Harmonisation
                                                                          in the Internal Market (Trade Marks and Designs)
                                                                                                       (OHIM) (1)
                                                                          (Community trade mark — Tablet for washing machines or
                                                                          dishwashers — Figurative mark — Absolute ground for
                                                                             refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     (2002/C 3/42)
                      of 19 September 2001
                                                                                             (Language of the case: German)
in Case T-26/00: Lecureur S.A. v Commission of the
                   European Communities (1)
                                                                          In Case T-30/00: Henkel KGaA, established in Düsseldorf
(Commission Regulation No 2519/97 — Food aid — Arbi-                      (Germany), represented by H.F. Wissel and C. Osterrieth,
tration clause — Contractual nature of the dispute — Non-                 lawyers, with an address for service in Luxembourg, against
conformity of the goods delivered — Thefts from warehouses                Office for Harmonisation in the Internal Market (Trade Marks
— Transfer of the burden of risk — Deductions from                        and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
                              payments)                                   nen and S. Laitinen) — application brought against the
                                                                          decision of the Third Board of Appeal of the Office for
                                                                          Harmonisation in the Internal Market (Trade Marks and
                           (2002/C 3/41)                                  Designs) of 25 November 1999 (Case R 75/1999-3), which
                                                                          was notified to the applicant on 10 December 1999 — the
                                                                          Court of First Instance (Second Chamber), composed of
                    (Language of the case: French)                        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:
In Case T-26/00: Lecureur S.A., established in Paris (France),            1.    Dismisses the action;
represented by L. Funck-Brentano and J. Villette, lawyers, with
an address for service in Luxembourg, against Commission of
the European Communities (Agent: P. Oliver) — application                 2.    Orders the parties to bear their own costs.
for an order for payment of sums withheld by the Commission
when paying the balance for a supply of food aid — the Court
                                                                          (1) OJ C 135 of 13.5.2000.
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
has given a judgment on 19 September 2001, in which it: