CELEX: C2003/044/48
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court of First Instance of 12 December 2002 in Case T-39/01: Kabushiki Kaisha Fernandes v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier word mark HIWATT — Application for Community word mark HIWATT — Proof of genuine use of earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule 22 of Regulation (EC) No 2868/95)

C 44/26                  EN                          Official Journal of the European Union                                        22.2.2003
with an address for service in Luxembourg, against Com-                      the other party before the Court being Richard John Harrison,
mission of the European Communities (Agents: C. Berardis-                    of Doncaster, South Yorkshire (United Kingdom), represented
Kayser and D. Waelbroeck) — application for annulment of                     by M. Edenborough, Barrister, and S. Pilling, Solicitor: Action
the Commission’s decision not to appoint the applicant to the                brought against the decision of the First Board of Appeal of
post of Head of Unit 3 ‘Distributive trade and other services’               the Office for Harmonisation in the Internal Market (Trade
within Directorate D ‘Services’ within the Directorate-General               Marks and Designs) of 4 December 2000 (Case R 116/2000-
for Competition (COM/001/00) and of its decision to appoint                  1), the Court of First Instance (Fourth Chamber), composed of:
a different applicant to the post and an application for damages             M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Plin-
— the Court of First Instance (Third Chamber), composed of                   gers, Administrator, for the Registrar, has given a judgment on
M. Jaeger, President, and K. Lenaerts and J. Azzizi, Judges;                 12 December 2002, in which it:
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 12 December 2002, in which it:
                                                                             1.     Dismisses the application;
1.     Annulled the Commission’s decisions of 4 March 2000                   2.     Orders the applicant to pay the costs.
       appointing Mrs Evans to the post of Head of Unit 3
       ‘Distributive trade and other services’ within Directorate D
       ‘Services’ within the Directorate-General for Competition and         (1 ) OJ C 150 of 19.5.2001.
       dismissing the applicant’s application for that post;
2.     Ordered the Commission to pay the applicant EUR 2 500;
3.     Dismissed the remainder of the action;
4.     Ordered the Commission to pay the costs.                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 28 November 2002
( 1) OJ C 45 of 10.2.2001.
                                                                             in Case T-40/01: Scan Office Design SA v Commission of
                                                                                              the European Communities (1)
                                                                             (Public procurement — Supply of office furniture — Actions
                                                                                                         for damages)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                            (2003/C 44/49)
                                                                                                 (Language of the case: French)
                        of 12 December 2002
in Case T-39/01: Kabushiki Kaisha Fernandes v Office for
Harmonisation in the Internal Market (Trade Marks and                        In Case T-40/01: Scan Office Design SA, a company established
                         Designs) (OHIM) ( 1)                                in Brussels, represented by B. Mertens and C. Steyaert, Lawyers,
                                                                             against Commission of the European Communities (Agents:
                                                                             L. Parpala and D. Martin) — application for compensation of
(Community trade mark — Opposition procedure — Earlier                       damages allegedly sustained by the applicant as a result of the
word mark HIWATT — Application for Community word                            Commission’s decision to award to a third party the contract
mark HIWATT — Proof of genuine use of earlier mark —                         which was the subject of its call for tenders No 96/31/IX.C1
Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule                   for the supply of office furniture — the Court of First Instance
                 22 of Regulation (EC) No 2868/95)                           (Third Chamber), composed of M. Jaeger, President, and
                                                                             K. Lenaerts and J. Azizi, Judges; J. Palacio González, Adminis-
                                                                             trator, for the Registrar, gave a judgment on 28 December
                            (2003/C 44/48)                                   2002, in which it:
                     (Language of the case: English)                         1.     Dismissed the action;
                                                                             2.     Ordered the Commission to pay the costs.
In Case T-39/01, Kabushiki Kaisha Fernandes, established in
                                                                             (1 ) OJ C 150 of 19.5.2001.
Tokyo (Japan), represented by R. Hacon, N. Phillips and
I. Wood, lawyers, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),