CELEX: C2002/144/84
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 26 February 2002 in Case T-17/00: Willi Rothley e.a. v European Parliament (Measure of the Parliament — Action for annulment — Admissibility — Immunity of Members of the Parliament — European Anti-Fraud Office (OLAF) — Powers of investigation)

C 144/40                  EN                   Official Journal of the European Communities                                       15.6.2002
2.    Orders the Commission to bear its own costs and to pay those        3.    Orders the interveners to bear their own costs.
      incurred by the applicants.
(1) OJ C 47 of 19.2.2000.                                                 (1) OJ C 102 of 8.4.2000.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                           26 February 2002
                                                                                                  27 February 2002
in Case T-17/00: Willi Rothley e.a. v European Parlia-
                                 ment (1)
                                                                          in Case T-34/00: Eurocool Logistik GmbH v Office for
(Measure of the Parliament — Action for annulment —                       Harmonisation in the Internal Market (Trade Marks and
Admissibility — Immunity of Members of the Parliament                                            Designs) (OHIM) (1)
— European Anti-Fraud Office (OLAF) — Powers of
                              investigation)
                                                                          (Community trade mark — EUROCOOL — Observance of
                                                                          the rights of defence — Absolute ground for refusal —
                            (2002/C 144/84)                               Distinctive character — Article (7)(1)(b) of Regulation (EC)
                                                                                                       No 40/94)
                    (Language of the case: German)
                                                                                                   (2002/C 144/85)
In Case T-17/00, Willi Rothley, residing at Rockenhausen                                     (Language of the case: German)
(Germany), and the 70 other applicants whose names appear
in the Annex hereto, represented by H.-J. Rabe and G. Berrisch,
lawyers, v European Parliament (Agents: J. Schoo and
H. Krück), supported by Council of the European Union
(Agents: J. Aussant, M. Bauer and I. Dı́ez Parra), Commission             In Case T-34/00, Eurocool Logistik GmbH, established in Linz
of the European Communities (Agents: J.-L. Dewost,                        (Austria), represented by G. Secklehner, lawyer, with an address
H.-P. Hartvig and U. Wölker), Kingdom of the Netherlands                  for service in Luxembourg, v Office for Harmonisation in the
(Agents: H. G. Sevenster and J. van Bakel) and French Republic            Internal Market (Trade Marks and Designs) (OHIM) (Agents:
(Agents: G. de Bergues, S. Pailler, C. Vasak and L. Bernheim):            O. Montalto, E. Joly and G. Schneider): Action brought against
Application for annulment of the Parliament’s decision of                 the decision of the First Board of Appeal of the Office for
18 November 1999 on the amendments to the Rules of                        Harmonisation in the Internal Market (Trade Marks and
Procedure following the Interinstitutional Agreement of                   Designs) of 9 December 1999 (Case R 233/1999-1), concern-
25 May 1999 between the Parliament, the Council and the                   ing registration of the term EUROCOOL as a Community trade
Commission on the internal investigations conducted by the                mark, Court of First Instance (Fourth Chamber), composed of:
European Anti-Fraud Office (OLAF), Court of First Instance                P. Mengozzi, President, V. Tiili and R. M. Moura Ramos,
(Fifth Chamber), composed of: P. Lindh, President, R. Garcı́a-            Judges; D. Christensen, Administrator, for the Registrar, has
Valdecasas and J. D. Cooke, Judges; D. Christensen, Adminis-              given a judgment on 27 February 2002, in which:
trator, for the Registrar, has given a judgment on 26 February
2002, in which it:
                                                                          1.    Annuls paragraph 1 of the operative part of the decision of the
                                                                                First Board of Appeal of the Office for Harmonisation in the
1.    Dismisses the action as inadmissible;
                                                                                Internal Market (Trade Marks and Designs) of 9 December
                                                                                1999 (Case R 233/1999-1);
2.    Orders the applicants to pay their own costs and those incurred
      by the defendant in the main proceedings and in the application
      for interim relief;                                                 2.    Dismisses the remainder of the application;