CELEX: C2002/144/88
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 20 February 2002 in Case T-170/00: Förde-Reederei GmbH v Council of the European Union and Commission of the European Communities (Non-contractual liability of the Community — Directive 92/12/EEC on the general arrangements for products subject to excise duty — Damage caused by transitional tax exemption arrangements for products bought by travellers during sea-crossings between two Member States)

C 144/42               EN                        Official Journal of the European Communities                                       15.6.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                        20 February 2002                                                             27 February 2002
in Case T-170/00: Förde-Reederei GmbH v Council of                          in Case T-219/00: Ellos AB v Office for Harmonisation in
the European Union and Commission of the European                           the Internal Market (Trade Marks and Designs) (OHIM) (1)
                         Communities (1)
                                                                            (Community trade mark — ELLOS — Absolute ground for
(Non-contractual liability of the Community — Directive                     refusal — Descriptive nature — Article 7(1)(c) of Regulation
92/12/EEC on the general arrangements for products subject                                             (EC) No 40/94)
to excise duty — Damage caused by transitional tax exemp-
tion arrangements for products bought by travellers during
          sea-crossings between two Member States)
                                                                                                      (2002/C 144/89)
                         (2002/C 144/88)                                                       (Language of the case: English)
                  (Language of the case: German)
                                                                            In Case T-219/00, Ellos AB, established in Borås (Sweden),
                                                                            represented by G. Bergqvist, lawyer, v Commission of the
                                                                            European Communities (Agents: F. López de Rego and
                                                                            J. F. Crespo Carrillo): Action brought against the decision of
In Case T-170/00, Förde-Reederei GmbH, established in Flens-                the First Board of Appeal of the Office for Harmonisation in
burg (Germany), represented by U. Schrömbges and L. Harings,                the Internal Market (Trade Marks and Designs) of 15 June
lawyers, with an address for service in Luxembourg, v Council               2000 (Case R 385/1999-1), refusing registration of the term
of the European Union (Agents: A.-M. Colaert and J.-P. Hix)                 ELLOS as a Community trade mark, Court of First Instance
and Commission of the European Communities (Agents:                         (Fourth Chamber), composed of: P. Mengozzi, President,
E. Traversa, R. Lyal and K. Gross): Application seeking                     V. Tiili and R. M. Moura Ramos, Judges; D. Christensen,
compensation for damage allegedly suffered following the                    Administrator, for the Registrar, has given a judgment on
expiry of the transitional tax exemption arrangements pro-                  27 February 2002, in which it:
vided by Article 28 of Council Directive 92/12/EEC of
25 February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and
monitoring of such products (OJ 1992 L 76, p. 1), Court of                  1.    Annuls the decision of the First Board of Appeal of the Office
First Instance (Second Chamber), composed of: R. M. Moura                         for Harmonisation in the Internal Market (Trade Marks and
Ramos, President, J. Pirrung and A. W. H. Meij, Judges;                           Designs) of 15 June 2000 (Case R 385/1999-1) in so far as
D. Christensen, Administrator, for the Registrar, has given a                     it concerns services falling within Class 35 of the Nice
judgment on 20 February 2002, in which it:                                        Agreement and corresponding to the following description:
                                                                                  ‘customer services for mail-order sales’;
1.    Dismisses the application;                                            2.    Dismisses the remainder of the application;
2.    Orders the applicant to pay all the costs.                            3.    Orders the parties to bear their own costs.
(1) OJ C 259 of 9.9.2000.                                                   (1) OJ C 316 of 4.11.2000.