CELEX: C2002/180/43
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-146/02: Action brought on 8 May 2002 by SiSi-Werke GmbH & Co. Betriebs KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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. Gómez 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
                   (Language of the case: German)                           29 April 2002, the operative part of which is as follows:
                                                                            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, Ger-
many, 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. Fernández Martı́n,                          the Internal Market (Trade Marks and Designs)
J. Sánchez 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. Blumen-
1.    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;
 ---pagebreak--- 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 Exam-
before 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 —
                                    claimed registration                                              application No 573 303
                              —     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 Exam-
                                                                        before 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
                         (2002/C 180/44)                                                                    Article 7(1)(b) of Regulation
                                                                                                            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. Blumen-
röder, C. Niklas-Falter, M. Kinkeldey, K.Brandt, A. Franke,
U. Stephani, B. Allekotte, E. Pfrang, K. Lochner and B. Ertle,
lawyers.