CELEX: C2002/003/52
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2001 in Case T-152/00: E v Commission of the European Communities (Officials — Candidacy rejected — Infringement of the vacancy notice — Manifest error of assessment — Discrimination — Misuse of powers)

C 3/30                 EN                      Official Journal of the European Communities                                       5.1.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 3 October 2001                                                        of 19 September 2001
in Case T-140/00: Zapf Creation AG v Office for Harmon-
                                                                          in Case T-152/00: E v Commission of the European
isation in the Internal Market (Trade Marks and Designs)
                                                                                                     Communities (1)
                             (OHIM) (1)
(Community trade mark — ‘New Born Baby’ — Absolute                        (Officials — Candidacy rejected — Infringement of the
grounds for refusal — Article 7(1)(b) and (c) of Regulation               vacancy notice — Manifest error of assessment — Discrimi-
                          (EC) No 40/94)                                                     nation — Misuse of powers)
                           (2002/C 3/51)                                                              (2002/C 3/52)
                  (Language of the case: German)                                              (Language of the case: French)
In Case T-140/00: Zapf Creation AG, established in Rödental
(Germany), represented by A. Kockläuner, avocat, with an                  In Case T-152/00: E, a member of the temporary staff of
address for service in Luxembourg, against Office for Harmon-             the Commission of the European Communities, residing in
isation in the Internal Market (Trade Marks and Designs)                  Brussels, represented by G. Vandersanden, Avocat, with an
(OHIM) (Agents: D. Schennen, A. von Mühlendahl and C. Røhl                address for service in Luxembourg, against the Commission of
Søberg) — action brought against the decision of the Third                the European Communities (Agents: G. Valsesia and J. Currall)
Board of Appeal of the Office for Harmonisation in the Internal           — first an application for annulment of the rejection of the
Market (Trade Marks and Designs) (OHIM) of 21 March 2000                  applicant’s candidacy for the post of head of ‘Mediterranean’
(Case R 348/1999-3) relating to the registration of ‘New Born             unit, Directorate ‘International role’ of the ‘Science, research
Baby’ as a Community trade mark — the Court of First Instance             and development’ Directorate General and of the appointment
(Fourth Chamber), composed of P. Mengozzi, President, V. Tiili            of P to that post and, secondly, a claim for damages allegedly
and R.M. Moura Ramos, Judges; D. Christensen, Administrator,              caused by those two decisions — the Court of First Instance
for the Registrar, has given a judgment on 3 October 2001, in             (Second Chamber), composed of A.W.H. Meij, President,
which it:                                                                 A. Potocki and J. Pirrung, Judges; J. Plingers, Administrator, for
                                                                          the Registrar, gave a judgment on 19 September 2001, in
                                                                          which it:
1.    Annuls the decision of the Third Board of Appeal of the Office
      for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 21 March 2000 (Case R 348/1999-3);                      1.    dismisses the application;
2.    Orders the Office to bear its own costs and to pay those of the     2.    orders the parties to bear their own costs.
      applicant.
                                                                          (1) OJ C 259 of 9.9.2000.
(1) OJ C 233 of 12.8.2000.