CELEX: C2002/323/47
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of First Instance of 9 October 2002 in Case T-173/00: KWS Saat AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Colour (shade of orange) — Absolute ground for refusal — Distinctive character — Statement of reasons)

C 323/30                EN                     Official Journal of the European Communities                                       21.12.2002
                                                        COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 17 October 2002                                                           of 9 October 2002
                                                                          in Case T-173/00: KWS Saat AG v Office for Harmonis-
in Case T-98/00: Linde AG v Commission of the European                    ation in the Internal Market (Trade Marks and Designs)
                          Communities (1)                                                                (OHIM) ( 1)
(State aid — Definition — Advantage — Normal commer-                      (Community trade mark — Regulation (EC) No 40/94 —
 cial transaction — Rational operator in a market economy)                Colour (shade of orange) — Absolute ground for refusal —
                                                                                   Distinctive character — Statement of reasons)
                          (2002/C 323/46)
                                                                                                      (2002/C 323/47)
                    (Language of the case: German)                                              (Language of the case: German)
In Case T-98/00, Linde AG, established in Wiesbaden (Germ-                In Case T-173/00, KWS Saat AG, established in Einbeck
any), represented by H.-J. Rabe and G. Berrisch, lawyers,                 (Germany), represented by G. Würtenberger, lawyer, with an
supported by Federal Republic of Germany (Agents: W.-                     address for service in Luxembourg, v Office for Harmonisation
D. Plessing, J. Sedemund and T. Lübbig), v Commission of the              in the Internal Market (Trade Marks and Designs) (OHIM)
European Communities (Agents: D. Triantafyllou and K.-                    (Agents: A. von Mühlendahl, E. Joly, J. Miranda de Sousa and
D. Borchardt): Application for partial annulment of Com-                  A. Di Carlo): Action brought against the decision of the Second
mission Decision 2000/524/EC of 18 January 2000 on the                    Board of Appeal of the Office for Harmonisation in the
State aid granted by Germany to Linde AG (OJ 2000 L 211,                  Internal Market (Trade Marks and Designs) of 19 April 2000
p. 7), the Court of First Instance (Fifth Chamber, Extended               (Case R 282/1999-2), the Court of First Instance (Second
Composition), composed of: J.D. Cooke, President, R. García-              Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
Valdecasas, P. Lindh, N.J. Forwood and H. Legal, Judges;                  rung and A.W.H. Meij, Judges; B. Pastor, Principal Adminis-
D. Christensen, Administrator, for the Registrar, has given a             trator, for the Registrar, has given a judgment on 9 October
judgment on 17 October 2002, in which it:                                 2002, in which it:
                                                                          1.     Annuls the decision of the Second Board of Appeal of the Office
1.     Annuls Articles 2 and 3 of Commission Decision 2000/524/                  for Harmonisation in the Internal Market (Trade Marks and
       EC of 18 January 2000 on the State aid granted by Germany                 Designs) of 19 April 2000 (Case R 282/1999-2) in regard
       to Linde AG;                                                              to services in Class 42;
2.     Orders the Commission to bear its own costs and pay those of       2.     Dismisses the remainder of the action;
       the applicant;
                                                                          3.     Orders the applicant to bear its own costs and two thirds of the
3.     Orders the Federal Republic of Germany to bear its own costs.             costs incurred by the defendant. The defendant shall bear one
                                                                                 third of its costs.
( 1) OJ C 176 of 24.6.2000.
                                                                          (1 ) OJ C 259 of 9.9.2000.