CELEX: C2001/118/99
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court of First Instance of 14 December 2000 in Case T-352/99: M v Commission of the European Communities (Officials — Sick leave — Leave regarded as unauthorised — Deduction from annual leave entitlement — Articles 59 and 60 of the Staff Regulations — Refusal of medical certificate — Absence of fewer than 4 days — Effects of medical examination)

21.4.2001              EN                      Official Journal of the European Communities                                   C 118/35
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 14 December 2000                                                        of 5 December 2000
in Case T-352/99: M v Commission of the European
                        Communities (1)                                   in Case T-32/00: Messe München GmbH v Office for
                                                                          Harmonisation in the Internal Market (Trade Marks and
                                                                                                 Designs) (OHIM) (1)
(Officials — Sick leave — Leave regarded as unauthorised
— Deduction from annual leave entitlement — Articles 59
and 60 of the Staff Regulations — Refusal of medical                      (Community trade mark— ‘electronica’ — Absolute ground
certificate — Absence of fewer than 4 days — Effects of                   for refusal — Lack of distinctive character — Descriptiveness
                      medical examination)                                — Articles 7(1)(b) and (c) of Regulation (EC) No 40/94 —
                                                                            Fee for appeal — Article 44 of Regulation (EC) No 40/94)
                        (2001/C 118/99)
                                                                                                  (2001/C 118/100)
                   (Language of the case: French)
                                                                                             (Language of the case: German)
In Case T-352/99: M, an officials of the Commission of the
European Communities, residing in Brussels, represented by
J.-N. Louis, G.-F. Parmentier and V. Peere, of the Brussels Bar,          In Case T-32/00: Messe München GmbH, established in
with an address for service in Luxembourg at the offices of               Munich, Germany, represented by M. Graf of the Munich Bar,
Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, against            Mitscherlich & Partner, 33 Sonnenstraße, Munich, against
the Commission of the European Communities (Agents:                       Office for Harmonisation in the Internal Market (Trade Marks
C. Berardis-Kayser and F. Clotuche-Duvieusart) — application              and Designs) (OHIM) (Agents: D. Schennen and A. von
for annulment of the Commission’s decision of 9 February                  Mühlendahl) — application for annulment of the Decision of
1999 considering the applicant’s absences from 8 to                       the Second Board of Appeal of the Office for Harmonisation in
17 December 1998 and of 25 January 1999 to have been                      the Internal Market (Trade Marks and Designs) of 17 December
unauthorised and deducting them from annual leave                         1999 (Case R 177/1998-2) refusing registration of the sign
entitlement — the Court of First Instance (Single Judge                   ‘electronica’ as a Community trade mark — the Court of First
Chamber: R.M. Moura Ramos); G. Herzig, administrator, for                 Instance (Fourth Chamber), composed of: V. Tiili, President,
the Registrar, gave a judgment on 14 December 2000, in                    R.M. Moura Ramos and P. Mengozzi, Judges; G. Herzig,
which it:                                                                 Administrator, for the Registrar, has given a judgment on
                                                                          5 December 2000, in which it:
1.    Annuls the Commission’s decision of 9 February 1999
      considering the applicant’s absences from 8 to 17 December
      1998 and of 25 January 1999 to have been unauthorised and           1.    Dismisses the action;
      deducting them from annual leave entitlement
                                                                          2.    Orders the applicant to pay the costs.
2.    The Commission shall bear all the costs.
                                                                          (1) OJ C 135 of 13.5.2000.
(1) OJ C 79 of 18.3.2000.