CELEX: C2003/112/59
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court of First Instance of 5 March 2003 in Case T-194/01: Unilever NV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a product for dishwashers — Ovoid tablet — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

C 112/30                 EN                          Official Journal of the European Union                                       10.5.2003
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 26 February 2003
                        of 26 February 2003
                                                                             in Case T-164/01: Arnaldo Lucaccioni v Commission of
                                                                                              the European Communities (1)
in Case T-145/01: Benito Latino v Commission of the
                     European Communities ( 1)                                      (Officials — Action for damages — Admissibility)
                                                                                                        (2003/C 112/58)
(Officials — Occupational disease — Validity of the opinion
of the Medical Committee — Evidence of the occupational                                           (Language of the case: Italian)
origin of the disease — Scientific uncertainty — Proper
conduct of the procedure preceding the reference to the
                         Medical Committee)
                                                                             In Case T-164/01: Arnaldo Lucaccioni, a former official of the
                                                                             Commission of the European Commmunities, residing in St-
                                                                             Leonard-on-Sea (United Kingdom), represented by M. Cimino
                            (2003/C 112/57)                                  and F. Apruzzi, lawyers, against Commission of the European
                                                                             Communities (Agents: J. Currall and A. Dal Ferro) — appli-
                                                                             cation for compensation under the ordinary law governing
                     (Language of the case: French)                          non-contractual liability applicable under Article 236 EC, for
                                                                             pain and suffering and physical harm suffered by the applicant
                                                                             for the period preceding the onset of his occupational disease
                                                                             as a result of the Commission’s negligence, — the Court of
                                                                             First Instance (First Chamber), composed of: B. Vesterdorf,
                                                                             President, and N. J. Forwood and H. Legal, Judges; J. Palacio
In Case T-145/01: Benito Latino, former official of the                      González, Principal Administrator, for the Registrar, has given
Commission of the European Communities, residing in Séri-                    a judgment on 26 February 2003, in which it:
gnac-Peboudou (France), represented by G. Vandersanden
and L. Levi, lawyers, against Commission of the European                     1.     Dismisses the application as inadmissible;
Communities (Agents: J. Currall and J.-L. Fagnart) — appli-
cation for the annulment of the decision of the Commission                   2.     Orders the parties to bear their own costs.
of 10 August 2000 rejecting the applicant’s request that it
acknowledge the occupational origin of his arthritic symptoms
and charging to the applicant the fees and incidental expenses               (1 ) OJ C 275 of 29.9.01.
of the doctor appointed by the applicant to the Medical
Committee and half of the fees and incidental expenses of the
third doctor making up the committee - the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
N. J. Forwood and H. Legal, Judges; D. Christensen, Adminis-
trator, for the Registrar, gave a judgment on 26 February
2003, in which it:                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       of 5 March 2003
1.     annuls the decision of the Commission of 10 August 2000
       insofar as it charges to the applicant the fees and incidental        in Case T-194/01: Unilever NV v Office for Harmonisation
       expenses of the doctor appointed by the applicant to the Medical      in the Internal Market (Trade Marks and Designs)
       Committee and half of the fees and incidental expenses of the                                       (OHIM) ( 1)
       third doctor;
                                                                             (Community trade mark — Three-dimensional mark —
                                                                             Shape of a product for dishwashers — Ovoid tablet —
2.     dismisses the remainder of the application;                           Absolute ground for refusal — Article 7(1)(b) of Regulation
                                                                                                         (EC) No 40/94)
3.     orders the parties to bear their own costs.
                                                                                                        (2003/C 112/59)
                                                                                                 (Language of the case: English)
( 1) OJ C 245 of 1.9.01.
                                                                             In Case T-194/01, Unilever NV, established in Rotterdam
                                                                             (Netherlands), represented by V. von Bomhard and A. Renck,
 ---pagebreak--- 10.5.2003                EN                          Official Journal of the European Union                                       C 112/31
lawyers, v Office for Harmonisation in the Internal Market                   2.     dismisses the remainder of the application;
(Trade Marks and Designs) (OHIM) (Agents: F. López de Rego
and J. F. Crespo Carrillo): Action against the decision of the               3.     orders the Commission to pay the costs.
First Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 22 May 2001
(Case R-1086/2000-1), the Court of First Instance (Second
                                                                             (1 ) OJ 2001 C 331.
Chamber), composed of: R. M. Moura Ramos, President,
J. Pirrung and A. W. H. Meij, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 5 March
2003, in which it:
1.     Dismisses the action;
2.     Orders the applicant to pay the costs.
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 303 of 27.10.2001.
                                                                                                      of 5 March 2003
                                                                             in Case T-237/01: Alcon Inc v Office for Harmonisation in
                                                                             the Internal Market (Trade Marks and Designs) (OHIM) (1)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                 (Community trade mark — Invalidity proceedings — ‘BSS’
                                                                             — Article 51 of Regulation (EC) No 40/94 — Absolute
                                                                             ground for refusal — Article 7(1)(d) of Regulation No 40/
                        of 26 February 2003                                  94 — Distinctive character acquired through use —
                                                                                     Articles 7(3) and 51(2) of Regulation No 40/94)
in Case T-212/01: Arnaldo Lucacioni v Commission of the
                    European Communities ( 1)
                                                                                                       (2003/C 112/61)
(Officials — Insurance Against the Risk of Accident and
of Occupational Disease — Aggravation of injuries —                                              (Language of the case: English)
Overlapping of capital and compensation provided by
     Articles 12 and 14 respectively of the Insurance Rules)
                           (2003/C 112/60)                                   In Case T-237/01, Alcon Inc, formerly Alcon Universal
                                                                             Ltd, established in Hünenberg (Switzerland), represented by
                                                                             H. Porter, Solicitor and C. Morcom QC, with an address for
                     (Language of the case: French)                          service in Luxembourg, v Office for Harmonisation in the
                                                                             Internal Market (Trade Marks and Designs) (OHIM) (Agent:
                                                                             S. Laitinen), the intervener before the Court of First Instance
                                                                             being Dr. Robert Winzer Pharma GmbH, established in
In Case T-212/01: Arnaldo Lucaccioni, former official of the                 Olching (Germany), represented by S.N. Schneller, lawyer:
Commission of the European Communities, residing in St-                      Action brought against the decision of the First Board of
Leonard-on-Sea (United Kingdom), represented by J. R. Iturria-               Appeal of the Office for Harmonisation in the Internal Market
gagoitia Bassas, lawyer, against Commission of the European                  (Trade Marks and Designs) (OHIM) of 13 July 2001 (Case R
Communities (Agents: J. Currall and J.-L. Fagnart) - application             273/2000-1), the Court of First Instance (Second Chamber),
for annulment of the decision of the Commission of 16 Nov-                   composed of: R.M. Moura Ramos, President, J. Pirrung and
ember 2000 suspending the procedure to examine a request                     A.W.H. Meij, Judges: J. Plingers, Administrator, for the Regis-
to recognise an aggravation of his occupational illness and                  trar, has given a judgment on 5 March 2003, in which it:
refusal to take action on that request and a claim for damages -
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N. J. Forwood and H. Legal, Judges;                1.     Dismisses the application;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 26 February 2003, in which it:
                                                                             2.     Orders the applicant to pay the costs.
1.     annuls the decision of the Commission, notified to the applicant
       by letter of 16 November 2000, to suspend the procedure               (1 ) OJ C 369 of 22.12.2001.
       provided for by Article 22 of the Insurance Rules and not to act
       on the applicant’s request seeking the recognition of the
       aggravation of his occupational illness;