CELEX: C2002/144/91
Language: en
Date: 2002-06-15 00:00:00
Title: Judgment of the Court of First Instance 20 March 2002 in Case T-358/00: DaimlerChrysler AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — "TRUCKCARD" — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

15.6.2002               EN                      Official Journal of the European Communities                                           C 144/43
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                      —    ‘rental and leasing of data processing equipment; booking
                                                                                      and payment processing programming; providing of food
                                                                                      and drink; arranging and/or reserving hotel or guesthouse
                           20 March 2002                                              accommodation’ within Class 42;
                                                                           2.    As to the remainder, dismisses the action;
in Case T-356/00: DaimlerChrysler AG v Office for
Harmonisation in the Internal Market (Trade Marks and                      3.    Orders the applicant to pay its own costs and half of the
                        Designs) (OHIM) (1)                                      defendant’s costs; the defendant is to pay the other half of its
                                                                                 own costs.
(Community trade mark — ‘CARCARD’ — Absolute
grounds for refusal — Article 7(1)(b) and (c) of Regulation                (1) OJ C 28 of 27.1.2001.
                           (EC) No 40/94)
                          (2002/C 144/90)
                   (Language of the case: German)
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      20 March 2002
In Case T-356/00, DaimlerChrysler AG, established in Stuttgart
                                                                           in Case T-358/00: DaimlerChrysler AG v Office for
(Germany), represented by S. Völker, lawyer, v Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
Harmonisation in the Internal Market (Trade Marks and
                                                                                                   Designs) (OHIM) (1)
Designs) (OHIM) (Agents: A. von Mühlendahl and D. Schen-
nen): Action brought against the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal                  (Community trade mark — ‘TRUCKCARD’ — Absolute
Market (Trade Marks and Designs) of 12 September 2000                      grounds for refusal — Article 7(1)(b) and (c) of Regulation
(Case R 477/1999-3) relating to registration of the word                                              (EC) No 40/94)
‘CARCARD’ as a Community trade mark, the Court of First
Instance (Second Chamber, Extended Composition), composed
of: R. M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Men-                                      (2002/C 144/91)
gozzi and A. W. H. Meij, Judges; H. Jung, Registrar, has given
a judgment on 20 March 2002, in which it:                                                     (Language of the case: German)
1.    Annuls the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and            In Case T-358/00, DaimlerChrysler AG, established in Stuttgart
      Designs) of 12 September 2000 (Case R 477/1999-3) as                 (Germany), represented by S. Völker, lawyer, v Office for
      regards the following categories of goods and services:              Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) (OHIM) (Agents: A. von Mühlendahl and D. Schen-
                                                                           nen): Action brought against the decision of the Third Board
      —    ‘stationary and transportable data processing equipment;        of Appeal of the Office for Harmonisation in the Internal
           programmes on data carriers for data and/or text and/or         Market (Trade Marks and Designs) of 12 September 2000
           image processing’ within Class 9;                               (Case R 569/1999-3) relating to registration of the word
                                                                           ‘TRUCKCARD’ as a Community trade mark, the Court of First
                                                                           Instance (Second Chamber, Extended Composition), composed
      —    ‘arranging and processing of the payment of charges,            of: R. M. Moura Ramos, President, V. Tiili, J. Pirrung, P. Men-
           namely telephone charges; financing and sales financing         gozzi and A. W. H. Meij, Judges; H. Jung, Registrar, has given
           including arrangement thereof; processing of payments for       a judgment on 20 March 2002, in which it:
           services and guarantees’ within Class 36;
                                                                           1.    Annuls the decision of the Third Board of Appeal of the Office
      —    ‘arranging of services and guarantees’ within Class 37;               for Harmonisation in the Internal Market (Trade Marks and
                                                                                 Designs) of 12 September 2000 (Case R 569/1999-3) as
                                                                                 regards the following categories of goods and services:
      —    ‘arranging of telecommunications services, namely tele-
           phones, speech recording services, information services;              —    stationary and transportable data processing equipment;
           telecommunications services, namely telephones, speech                     programmes on data carriers for data and/or text and/or
           recording services, information services’ within Class 38;                 image processing’ within Class 9;
 ---pagebreak--- C 144/44               EN                       Official Journal of the European Communities                                          15.6.2002
     —     ‘arranging and processing of the payment of charges,            sets imported from Turkey — the Court of First Instance
           namely telephone charges; financing and sales financing         (Third Chamber), composed of: M. Jaeger, President, and
           including arrangement thereof; processing of payments for       K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, made an
           services and guarantees’ within Class 36;                       order on 21 March 2002, the operative part of which is as
                                                                           follows:
     —     ‘arranging of services and guarantees’ within Class 37;
                                                                           1.    There is no need to give a decision on the present application;
     —     ‘arranging of telecommunications services, namely tele-
           phones, speech recording services, information services;
           telecommunications services, namely telephones, speech          2.    The Commission is to pay all the costs.
           recording services, information services’ within Class 38;
     —     ‘rental and leasing of data processing equipment; booking       (1) OJ C 79 of 18.3.2000.
           and payment processing programming; providing of food
           and drink; arranging and/or reserving hotel or guesthouse
           accommodation’ within Class 42;
2.   As to the remainder, dismisses the action;
3.   Orders the applicant to pay its own costs and half of the
     defendant’s costs; the defendant is to pay the other half of its
     own costs.
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
(1) OJ C 28 of 27.1.2001.
                                                                                                    of 4 March 2002
                                                                           in Case T-337/00: Firma Sarah Tex Textil Groß- und
                                                                           Einzelhandel GmbH v Commission of the European
                                                                                                    Communities (1)
      ORDER OF THE COURT OF FIRST INSTANCE                                 (Action for annulment — Withdrawal of the contested
                                                                                    measure — Case not proceeding to judgment)
                        of 21 March 2002
                                                                                                    (2002/C 144/93)
in Case T-355/99: Vatinel N.V. v Commission of the
                   European Communities (1)
                                                                                              (Language of the case: German)
(Action for annulment — Imports of television sets from
         Turkey — Case not proceeding to judgment)
                         (2002/C 144/92)                                   In Case T-337/00: Firma Sarah Tex Textil Groß- und Einzelhan-
                                                                           del GmbH, established in Essen (Germany), represented by
                                                                           D. Ehle, lawyer, with an address for service in Luxembourg,
                    (Language of the case: French)                         supported by the Kingdom of Denmark (Agent: J. Molde), v
                                                                           Commission of the European Communities (Agents: R. Tricot
                                                                           and M. Núñez Müller) — application for annulment of the
                                                                           Commission’s decision C (2000) 1685 final of 29 June 2000,
In Case T-355/99: Vatinel N.V., established in Antwerp                     addressed to the Federal Republic of Germany and relating to
(Belgium), represented by M. Famchon, lawyer, with an address              a remission of import duties — the Court of First Instance
for service in Luxembourg, supported by the Kingdom of the                 (Fifth Chamber), composed of: J. D. Cooke, President, and
Netherlands (Agents: J. van Bakel and H. G. Sevenster), v                  R. Garcı́a-Valdecasas and P. Lindh, Judges; H. Jung, Registrar,
Commission of the European Communities (Agents: R. Tricot                  made an order on 4 March 2002, the operative part of which
and J. Stuyck) — application for annulment of the Com-                     is as follows:
mission’s decision C(1999) 2286 final (REC 12/98) of 22 July
1999 declaring that post-clearance recovery should be effected
and refusing remission of import duties in respect of television           1.    There is no need to give a decision on the present application;