CELEX: C2002/202/32
Language: en
Date: 2002-08-24 00:00:00
Title: Judgment of the Court of First Instance of 4 July 2002 in Case T-239/00: SCI UK Ltd v Commission of the European Communities (Repayment of import duties — Article 13 of Regulation (EEC) No 1430/79 — Meaning of "special situation")

C 202/22               EN                      Official Journal of the European Communities                                         24.8.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               the European Communities (Agents: R. Tricot and R. Wain-
                                                                          wright): Application for annulment of the Commission’s
                         of 13 June 2002                                  decision of 29 June 2000 (C (2000) 1684 final) to the effect
                                                                          that repayment to the applicant of import duties is not justified,
in Case T-232/00: Chef Revival USA Inc. v Office for                      the Court of First Instance (Fourth Chamber), composed of:
Harmonisation in the Internal Market (Trade Marks and                     M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; B. Pastor,
                       Designs)(OHIM) (1)                                 Principal Administrator, for the Registrar, has given a judgment
                                                                          on 4 July 2002, in which it:
(Community trade mark — Opposition proceedings —
Failure to produce evidence in the language of the opposition
 proceedings — Rule 18(2) of Regulation (EC) No 2868/95)                  1.    Dismisses the application;
                         (2002/C 202/31)                                  2.    Orders the applicant to pay the defendant’s costs in addition to
                                                                                its own.
                   (Language of the case: English)
                                                                          (1) OJ C 335 of 25.11.2000.
In Case T-232/00, Chef Revival USA Inc., established in Lodi,
New Jersey (United States), represented by N. Jenkins, Solicitor,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) (Agent: A. von Mühlendahl), defendant, the
other party to the proceedings before the Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) being Joachı́n Massagué Marı́n, of Sabadell
(Spain): Action brought against the decision of the Third Board               JUDGMENT OF THE COURT OF FIRST INSTANCE
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 26 June 2000 (Case
R 181/1999-3), as corrected by corrigendum of 6 July 2000,                                         of 25 June 2002
the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Palacio       in Case T-311/00: British American Tobacco (Invest-
González, Administrator, for the Registrar, has given a judg-            ments) Ltd v Commission of the European Communi-
ment on 13 June 2002, in which it:                                                                       ties (1)
1.    Annuls the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and           (Decision 94/90/ECSC, EC, Euratom — Public access to
      Designs) of 26 June 2000 (Case R 181/1999-3), as rectified          Commission documents — Whether documents exist — No
      by corrigendum of 6 July 2000;                                      need to proceed to judgment — Costs caused unreasonably
                                                                                                    or vexatiously)
2.    Orders the Office to pay the costs.
                                                                                                   (2002/C 202/33)
(1) OJ C 316 of 4.11.2000.
                                                                                            (Language of the case: English)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-311/00, British American Tobacco (Investments)
                                                                          Ltd, established in London (United Kingdom), represented
                           of 4 July 2002                                 by S. Crosby, Solicitor, v Commission of the European
                                                                          Communities (Agents: U. Wölker, X. Lewis and M. Shotter):
in Case T-239/00: SCI UK Ltd v Commission of the                          Application for annulment of the Commission’s decision of
                   European Communities (1)                               7 September 2000 refusing to grant access to certain docu-
                                                                          ments concerning preparatory work relating to the proposal
(Repayment of import duties — Article 13 of Regulation                    for a directive of the European Parliament and of the Council
     (EEC) No 1430/79 — Meaning of ‘special situation’)                   (COM(1999) 594 final), presented by the Commission on
                                                                          7 January 2000, on the approximation of the laws, regulations
                         (2002/C 202/32)                                  and administrative provisions of the Member States concerning
                                                                          the manufacture, presentation and sale of tobacco products
                   (Language of the case: English)                        (OJ 2000 C 150 E, p. 43), the Court of First Instance (First
                                                                          Chamber), composed of: B. Vesterdorf, President, M. Vilaras
                                                                          and N.J. Forwood, Judges; D. Christensen, Administrator, for
In Case T-239/00, SCI UK Ltd, established in Irvine (United               the Registrar, has given a judgment on 25 June 2002, in which
Kingdom), represented by L. Allen, Barrister, v Commission of             it: