CELEX: C2002/202/33
Language: en
Date: 2002-08-24 00:00:00
Title: Judgment of the Court of First Instance of 25 June 2002 in Case T-311/00: British American Tobacco (Investments) Ltd v Commission of the European Communities (Decision 94/90/ECSC, EC, Euratom — Public access to Commission documents — Whether documents exist — No need to proceed to judgment — Costs caused unreasonably or vexatiously)

C 202/22               EN                      Official Journal of the European Communities                                         24.8.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               the European Communities (Agents: R. Tricot and R. Wain-
                                                                          wright): Application for annulment of the Commission’s
                         of 13 June 2002                                  decision of 29 June 2000 (C (2000) 1684 final) to the effect
                                                                          that repayment to the applicant of import duties is not justified,
in Case T-232/00: Chef Revival USA Inc. v Office for                      the Court of First Instance (Fourth Chamber), composed of:
Harmonisation in the Internal Market (Trade Marks and                     M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; B. Pastor,
                       Designs)(OHIM) (1)                                 Principal Administrator, for the Registrar, has given a judgment
                                                                          on 4 July 2002, in which it:
(Community trade mark — Opposition proceedings —
Failure to produce evidence in the language of the opposition
 proceedings — Rule 18(2) of Regulation (EC) No 2868/95)                  1.    Dismisses the application;
                         (2002/C 202/31)                                  2.    Orders the applicant to pay the defendant’s costs in addition to
                                                                                its own.
                   (Language of the case: English)
                                                                          (1) OJ C 335 of 25.11.2000.
In Case T-232/00, Chef Revival USA Inc., established in Lodi,
New Jersey (United States), represented by N. Jenkins, Solicitor,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) (Agent: A. von Mühlendahl), defendant, the
other party to the proceedings before the Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) being Joachı́n Massagué Marı́n, of Sabadell
(Spain): Action brought against the decision of the Third Board               JUDGMENT OF THE COURT OF FIRST INSTANCE
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 26 June 2000 (Case
R 181/1999-3), as corrected by corrigendum of 6 July 2000,                                         of 25 June 2002
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Palacio       in Case T-311/00: British American Tobacco (Invest-
González, Administrator, for the Registrar, has given a judg-            ments) Ltd v Commission of the European Communi-
ment on 13 June 2002, in which it:                                                                       ties (1)
1.    Annuls the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and           (Decision 94/90/ECSC, EC, Euratom — Public access to
      Designs) of 26 June 2000 (Case R 181/1999-3), as rectified          Commission documents — Whether documents exist — No
      by corrigendum of 6 July 2000;                                      need to proceed to judgment — Costs caused unreasonably
                                                                                                    or vexatiously)
2.    Orders the Office to pay the costs.
                                                                                                   (2002/C 202/33)
(1) OJ C 316 of 4.11.2000.
                                                                                            (Language of the case: English)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-311/00, British American Tobacco (Investments)
                                                                          Ltd, established in London (United Kingdom), represented
                           of 4 July 2002                                 by S. Crosby, Solicitor, v Commission of the European
                                                                          Communities (Agents: U. Wölker, X. Lewis and M. Shotter):
in Case T-239/00: SCI UK Ltd v Commission of the                          Application for annulment of the Commission’s decision of
                   European Communities (1)                               7 September 2000 refusing to grant access to certain docu-
                                                                          ments concerning preparatory work relating to the proposal
(Repayment of import duties — Article 13 of Regulation                    for a directive of the European Parliament and of the Council
     (EEC) No 1430/79 — Meaning of ‘special situation’)                   (COM(1999) 594 final), presented by the Commission on
                                                                          7 January 2000, on the approximation of the laws, regulations
                         (2002/C 202/32)                                  and administrative provisions of the Member States concerning
                                                                          the manufacture, presentation and sale of tobacco products
                   (Language of the case: English)                        (OJ 2000 C 150 E, p. 43), the Court of First Instance (First
                                                                          Chamber), composed of: B. Vesterdorf, President, M. Vilaras
                                                                          and N.J. Forwood, Judges; D. Christensen, Administrator, for
In Case T-239/00, SCI UK Ltd, established in Irvine (United               the Registrar, has given a judgment on 25 June 2002, in which
Kingdom), represented by L. Allen, Barrister, v Commission of             it:
 ---pagebreak--- 24.8.2002               EN                       Official Journal of the European Communities                                            C 202/23
1.    Dismisses the action in so far as it relates to the category of       2.   Annuls the decision of the Second Board of Appeal of the Office
      documents constituted by the minutes of the meetings of the                for Harmonisation in the Internal Market (Trade Marks and
      cancer experts committee assessing the international scientific            Designs) of 2 August 2000 (Case R 312/1999-2) in so far
      research;                                                                  as the Board dismissed the appeal before it as regards the
                                                                                 following categories of services:
2.    Finds that there is no need to proceed to judgment on the
      remainder of the case;
                                                                                 —     ‘Services relating to a database’ within Class 38;
3.    Orders the Commission in addition to bearing its own costs, to
      pay those of the applicant, save for costs relating to the request
      for the oral procedure to be re-opened. The Commission is also             —     ‘Production and reproduction of data, speech, text, sound
      ordered to pay the costs connected with the summoning of                         and image recordings on video and/or audio cassettes,
      witnesses.                                                                       tapes and discs (including CD-ROMs and CD-i’s) and of
                                                                                       video games (computer games); demonstration and rental
                                                                                       of video and/or audio cassettes, tapes and discs (including
(1) OJ C 355 of 9.12.2000.                                                             CD-ROMs and CD-i’s) and of video games (computer
                                                                                       games); rental of television receiving apparatus and
                                                                                       decoders; education, providing of training, entertainment;
                                                                                       sporting and cultural activities; conducting competitions
                                                                                       in the fields of training, teaching, entertainment and
                                                                                       sports; distance learning courses; publishing books, per-
                                                                                       iodicals and other printed matter and associated electronic
                                                                                       media (including CD-ROMs and CD-i’s); conducting
                                                                                       concert, theatre and entertainment events and sporting
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                            competitions; production of films and videos and radio
                                                                                       and television programmes of a training, teaching and
                                                                                       entertaining nature, including such production for children
                           of 2 July 2002                                              and young people; production, reproduction, showing and
                                                                                       rental of sound and image recordings on video and/or
in Case T-323/00: SAT.1 SatellitenFernsehen GmbH                                       audio cassettes, tapes and discs; theatrical performances
v Office for Harmonisation in the Internal Market (Trade                               and orchestra services’ within Class 41;
                 Marks and Designs) (OHIM) (1)
                                                                                 —     ‘Issuing, negotiating, rental and other exploitation of
(Community trade mark — ‘SAT. 2’ — Absolute grounds                                    rights to films, television and video productions and other
for refusal — Article 7(1)(b) and (c) of Regulation (EC)                               image and sound programmes; copyright and industrial
                  No 40/94 — Equal treatment)                                          property rights exploitation for others; exploitation of film
                                                                                       and television ancillary rights in the field of merchandis-
                          (2002/C 202/34)                                              ing; software development, in particular in the fields of
                                                                                       multimedia, interactive television and Pay-TV; operation
                                                                                       of networks for the transfer of messages, images, text,
                    (Language of the case: German)                                     speech and data; technical consultancy in the field of
                                                                                       multimedia, interactive television and Pay-TV (included
                                                                                       in class 42); computer programming, including video
                                                                                       and computer games; arranging and allocating of user
In Case T-323/00, SAT.1 SatellitenFernsehen GmbH, estab-                               passwords for users of various communication networks’
lished in Mainz (Germany), represented by R. Schneider,                                within Class 42;
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: A. von Mühlendahl
and C. Røhl Søberg): Action brought against the decision of                 3.   Dismisses the remainder of the application;
the Second Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 2 August
2000 (Case R 312/1999-2), the Court of First Instance (Second               4.   Orders the parties to bear their own costs.
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
rung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 2 July 2002, in which
it:
                                                                            (1) OJ C 4 of 6.1.2001.
1.    Annuls the decision of the Second Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 2 August 2000 (Case R 312/1999-2) in so far
      as the Board failed to rule on the appeal before it as regards the
      services within Class 35;