CELEX: C2003/304/46
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court of First Instance of 23 September 2003 in Case T-308/01: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 and Regulation (EC) No 2868/95 — Opposition procedure — Genuine use of earlier mark — Scope of the examination conducted by the Board of Appeal — Assessment of the evidence produced in the procedure before the Opposition Division)

C 304/26               EN                          Official Journal of the European Union                                       13.12.2003
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 14 October 2003
                     of 23 September 2003
                                                                           in Case T-174/02: Micole Wieme v Commission of the
                                                                                              European Communities (1)
in Case T-308/01: Henkel KGaA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)                     (Officials — Vacancy notice — Assessment of the candi-
                            (OHIM) (1)                                     dates’ merits — Manifest error of assessment — Abuse of
                                                                                                         power)
                                                                                                     (2003/C 304/47)
(Community trade mark — Regulation (EC) No 40/94 and
Regulation (EC) No 2868/95 — Opposition procedure —
Genuine use of earlier mark — Scope of the examination                                         (Language of the case: French)
conducted by the Board of Appeal — Assessment of the
evidence produced in the procedure before the Opposition
                             Division)                                     In Case T-174/02: Micole Wieme, an official of the Com-
                                                                           mission of the European Communities, represented by É. Boi-
                                                                           gelot, lawyer, with an address for service in Luxembourg,
                         (2003/C 304/46)                                   against Commission of the European Communities (Agents:
                                                                           J. Currall, H. Tserepa-Lacombe and D. Waelbroeck) — appli-
                                                                           cation for annulment of the Commission Decision of 13 July
                                                                           2001 rejecting the applicant’s application for the post of head
                   (Language of the case: English)                         of unit ‘Legal affairs and control of enforcement of Community
                                                                           provisions’ of the ‘General Matters’ Directorate of the Taxation
                                                                           and Customs Union Directorate General — the Court of First
                                                                           Instance (Fifth Chamber), composed of R. García-Valdecasas,
                                                                           President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,
                                                                           Principal Administrator, for the Registrar, has given a judgment
In Case T-308/01, Henkel KGaA, established in Düsseldorf                   on 14 October 2003, in which it:
(Germany), represented by C. Osterrieth, lawyer, with an
address for service in Luxembourg, v Office for Harmonisation              1.    Dismisses the action;
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agent: O. Waelbroeck), the other party to the proceedings                 2.    Order each party to bear its own costs.
before the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) being: LHS (UK) Ltd, established in
Cheadle Hulme (United Kingdom): Appeal against the decision                (1) OJ C 180 of 27.7.2002.
of the Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 12 September
2001 (Case R-738/2000-3) concerning opposition proceed-
ings between Henkel KGaA and LHS (UK) Ltd, the Court of
First Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; D. Christensen,
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
Administrator, for the Registrar, has given a judgment on
23 September 2003, in which it:
                                                                                                 of 18 September 2003
                                                                           in Case T-241/02: Daniel Callebaut v Commission of the
1.    Annuls the decision of the Third Board of Appeal of the Office
                                                                                              European Communities (1)
      for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 12 September 2001 (Case R-738/2000-3);
                                                                           (Officials — Article 45 of the Staff Regulations — Pro-
                                                                                   motion — Comparative examination of merits)
2.    Orders the Office for Harmonisation in the Internal Market
      (Trade Marks and Designs) to pay the costs.                                                    (2003/C 304/48)
                                                                                               (Language of the case: French)
(1) OJ C 68 of 16.3.2002.
                                                                           In Case T-241/02: Daniel Callbaut, an official of the European
                                                                           Communities, residing in Mondorf-les-Bains (Luxembourg),
                                                                           represented by A. Coolen, J.-N. Louis and É. Marchal, lawyers,