CELEX: C2003/019/60
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2002 in Case T-104/01: Claudia Oberhauser v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Earlier figurative mark containing the term "miss fifties" — Application for Community word mark "Fifties" — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

C 19/32                  EN                      Official Journal of the European Communities                                     25.1.2003
1.     Dismisses the applications;                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
2.     Orders the applicant to pay the costs.                                                       of 23 October 2002
                                                                            in Case T-104/01: Claudia Oberhauser v Office for Har-
( 1) OJ C 186 of 30.6.2001.                                                 monisation in the Internal Market (Trade Marks and
                                                                                                    Designs) (OHIM) ( 1)
                                                                            (Community trade mark — Opposition — Earlier figurative
                                                                            mark containing the term ‘miss fifties’ — Application for
                                                                            Community word mark ‘Fifties’ — Relative ground for
                                                                            refusal — Likelihood of confusion — Article 8(1)(b) of
                                                                                                Regulation (EC) No 40/94)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       (2003/C 19/60)
                       of 26 November 2002                                                     (Language of the case: German)
in Case T-103/01: Michael Cwik v Commission of the
                                                                            In Case T-104/01, Claudia Oberhauser, established in Munich
                    European Communities ( 1)
                                                                            (Germany), represented by M. Graf, lawyer, v Office for
                                                                            Harmonisation in the Internal Market (Trade Marks and
(Officials — Reorganisation of the Commission’s adminis-                    Designs) (OHIM) (Agent: G. Schneider), the other party to the
trative structures — Redeployment — Reasons — Interest                      proceedings before the Board of Appeal of the Office for
       of the service — Misuse of power — Duty of care)                     Harmonisation in the Internal Market (Trade Marks and
                                                                            Designs) being Petit Liberto, SA, established in Vidreres (Spain):
                                                                            Action brought against the decision of the Second Chamber
                           (2003/C 19/59)                                   Board of Appeal of the Office for Harmonisation in the
                                                                            Internal Market (Trade Marks and Designs) of 28 February
                                                                            2001 (Case R 757/1999-2), the Court of First Instance (Fourth
                     (Language of the case: French)
                                                                            Chamber), composed of: M. Vilaras, President, V. Tiili and
                                                                            P. Mengozzi, Judges; D. Christensen, Administrator, for the
                                                                            Registrar, has given a judgment on 23 October 2002, in which
                                                                            it:
In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),                1.     Dismisses the application;
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Com-                      2.     Orders the applicant to pay the costs.
munities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, in the first place, for annulment of the Commission
                                                                            (1 ) OJ C 227 of 11.8.2001.
decision transferring the applicant from the ‘Economic Infor-
mation, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the                        JUDGMENT OF THE COURT OF FIRST INSTANCE
‘Economic and Financial Affairs’ Directorate-General, and,
second, for compensation — the Court of First Instance                                             of 7 November 2002
(Second Chamber), composed of: R.M. Moura Ramos, Presi-
dent, J. Pirrung and A.W.H. Meij, Judges; D. Christensen,                   in Case T-199/01: G v Commission of the European
Administrator, for the Registrar, has given a judgment on                                             Communities ( 1)
26 November 2002, the operative part of which is as follows:
                                                                            (Officials — Social security — Refusal to reimburse medical
                                                                                           expenses — Inefficacious treatment)
1.     The application is dismissed;
                                                                                                       (2003/C 19/61)
2.     The parties shall bear their own costs.
                                                                                                (Language of the case: French)
( 1) OJ C 227 of 11.08.2001.
                                                                            In Case T-199/01: G, an official of the Commission of the
                                                                            European Communities, residing in Ispra (Italy), represented by