CELEX: C2004/071/46
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First instance of 3 December 2003 in Case T-305/02: Nestlé Waters France v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a bottle — Absolute grounds for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

20.3.2004               EN                           Official Journal of the European Union                                               C 71/25
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  (France), represented by N. Lhoëst, lawyer, with an address for
                                                                             service in Luxembourg, against Commission of the European
                      of 17 December 2003                                    Communities (Agents: J. Currall and F. Clotuche-Duvieusart)
                                                                             — application for annulment of the Commission’s decision
                                                                             rejecting the applicant’s application for regrading in the higher
in Case T-133/02: Pravir Kumar Chawdhry v Commission                         grade of his career bracket of recruitment — the Court of First
                of the European Communities (1)                              Instance (Single Judge: H. Legal); I. Natsinas, Administrator,
                                                                             acting for the Registrar, has given a judgment on 10 December
(Member of the temporary staff — Post paid from appropri-                    2003, in which it:
            ations to the research budget — Grading)
                           (2004/C 71/44)                                    1.    annuls the Commission’s decision of 27 July 2001 rejecting
                                                                                   the applicant’s application for regrading in the higher grade of
                                                                                   his career bracket of recruitment;
                    (Language of the case: French)
                                                                             2.    orders the Commission to pay all the costs.
In Case T-133/02: Pravir Kumar Chawdhry, a member of
the temporary staff of the Commission of the European                        (1) OJ C 219 of 14.9.2002.
Communities, residing in Sangiano (Italy), represented by
G. Vandersanden and L. Levi, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and V. Joris) — application
for, first, annulment of the Commission’s decision grading the
applicant in Grade A 6, Step 3, and, secondly, compensation
in respect of harm suffered – the Court of First Instance (Single
Judge: J. Pirrung); J. Plingers, Administrator, acting for the
Registrar, has given a judgment on 17 December 2003, in
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
which it:
1.    dismisses the application;                                                                    of 3 December 2003
2.    orders the Commission to bear its own costs and to pay a
      quarter of the applicant’s costs;                                      in Case T-305/02: Nestlé Waters France v Office for
                                                                             Harmonisation in the Internal Market (Trade Marks and
3.    orders the applicant to bear three quarters of his own costs.                                  Designs) (OHIM) (1)
(1) OJ C 156 of 29.6.2002.                                                   (Community trade mark — Three-dimensional mark —
                                                                             Shape of a bottle — Absolute grounds for refusal —
                                                                             Distinctive character — Article 7(1)(b) of Regulation (EC)
                                                                                                            No 40/94)
                                                                                                        (2004/C 71/46)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 (Language of the case: French)
                      of 10 December 2003
in Case T-173/02: Pierre Tomarchio v Commission of the
                    European Communities (1)
                                                                             In Case T-305/02, Nestlé Waters France, established in Issy-
                                                                             les-Moulineaux (France), represented by A. Cléry, avocat, v
(Officials – Grading — Rejection of an application for                       Office for Harmonisation in the Internal Market (Trade Marks
   regrading under Article 31(2) of the Staff Regulations)                   and Designs) (OHIM) (Agents: A. Rassat and O. Waelbroeck):
                                                                             Application for annulment of the decision of the Fourth Board
                           (2004/C 71/45)                                    of Appeal of the Office for Harmonisation in the Internal
                                                                             Market (Trade Marks and Designs) of 12 July 2002 (Case
                    (Language of the case: French)                           R 719/2000-4) refusing to register a three-dimensional trade
                                                                             mark consisting of the shape of a transparent bottle, the Court
                                                                             of First Instance (Fourth Chamber), composed of: V. Tiili,
                                                                             President, P. Mengozzi and M. Vilaras, Judges; B. Pastor,
In Case T-173/02: Pierre Tomarchio, a former official of the                 Deputy Registrar, has given a judgment on 3 December 2003,
Commission of the European Communities, residing in Nancy                    in which it:
 ---pagebreak--- C 71/26                  EN                         Official Journal of the European Union                                            20.3.2004
1.     Annuls the decision of the Fourth Board of Appeal of the Office          JUDGMENT OF THE COURT OF FIRST INSTANCE
       for Harmonisation in the Internal Market (Trade Marks and
       Designs) of 12 July 2002 (Case R 719/2000-4);
                                                                                                  of 17 December 2003
2.     Orders the defendant to pay the costs.
                                                                            in Case T-324/02: Hans McAuley v Council of the Euro-
(1 ) OJ C 305 of 7.12.2002.                                                                            pean Union (1)
                                                                            (Compliance with a judgment of the Court of First Instance
                                                                            — Appointment of a Language Adviser in the English and
                                                                            Irish Language — Division of the Council Termination of
                                                                            the procedure for filling the post under Article 29(1)(a) of
                                                                            the Staff Regulations — Misuse of powers — Action for
                                                                                                       compensation)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      (2004/C 71/48)
                        of 11 December 2003
                                                                                                (Language of the case: French)
in Case T-323/02: Monique Breton v Court of Justice of
                  the European Communities (1)
(Officials — Promotion — Award of promotion points —
                             Admissibility)                                 In Case T-324/02: Hans McAuley, an official of the Council of
                                                                            the European Union, residing in Brussels (Belgium), represent-
                                                                            ed by J.-N. Louis and S. Orlandi, lawyers, with an address for
                            (2004/C 71/47)                                  service in Luxembourg, against the Council of the European
                                                                            Union (Agent: F. Anton) — application for, first, annulment of
                                                                            the decision contained in the letter of 30 January 2002 of the
                     (Language of the case: French)                         Director General of Directorate General A of the Council to
                                                                            terminate the procedure under Article 29(1)(a) of the Staff
                                                                            Regulations for filling the post of Language Adviser in the
                                                                            English and Irish Language Division and to proceed to the next
In Case T-323/02: Monique Breton, an official of the Court of               stage, namely the organisation of an internal competition
Justice of the European Communities, residing at Howald                     under Article 29(1)(b) of the Staff Regulations, and, second,
(Luxembourg), represented by A. Coolen, J.-N. Louis, É. Mar-                for compensation — the Court of First Instance (Fourth
chal and S. Orlandi, lawyers, with an address for service                   Chamber), composed of V. Tiili, President, P. Mengozzi and
in Luxembourg, against Court of Justice of the European                     M. Vilaras, Judges; I. Natsinas, Administrator, for the Registrar,
Communities (Agent: M. Schauss) — application for annul-                    gave a judgment on 17 December 2003, in which it:
ment of the decision of the Court of Justice concerning the
award to the applicant of promotion points for the years
1998, 1999 and 2000 pursuant to the Court’s decision of                     1.    Annuls the decision contained in the letter of 30 January 2002
18 October 2000 on promotions and the decision of the                             of the Director General of Directorate General A of the Council
Registrar of the Court of 3 December 2001 establishing a                          to terminate the procedure under Article 29(1)(a) of the Staff
transitional system for promotions — the Court of First                           Regulations for filling the post of Language Adviser in the
Instance (Third Chamber), composed of: J. Azizi, President,                       English and Irish Language Division and to proceed to the next
and M. Jaeger and F. Dehousse, Judges; J. Plingers, Adminis-                      stage, namely the organisation of an internal competition under
trator, acting for the Registrar, has given a judgment on                         Article 29(1)(b) of the Staff Regulations.
11 December 2003, in which it:
                                                                            2.    Dismisses the applicant’s application for compensation.
1.     dismisses the application;
                                                                            3.    Orders the Council to pay the costs.
2.     orders the parties to bear their own costs.
                                                                            (1) OJ No C 7 of 11.1.2003.
(1) OJ C 7 of 11.1.2003.