CELEX: C2003/101/57
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court of First Instance of 15 January 2003 in Case T-99/01: Mystery drinks GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Earlier national trade mark Mixery — Application for Community word mark MYSTERY — Proof of use of earlier mark — Relative ground for refusal — Article 8(1)(b) of Regulation No 40/94)

C 101/32                EN                         Official Journal of the European Union                                       26.4.2003
                                                        COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) (OHIM) (Agents: A. von Mühlendahl, B. Weggenmann
                        of 6 February 2003                                 and C. Røhl Søberg), the intervener before the Court of First
                                                                           Instance being Karlsberg Brauerei KG Weber, established in
in Case T-7/01: Norman Pyres v Commission of the                           Homburg (Germany), represented by R. Lange: Action brought
                   European Communities ( 1)                               against the decision of the Third Chamber Board of Appeal of
                                                                           the Office for Harmonisation in the Internal Market (Trade
(Member of the temporary staff — Extension of contract —                   Marks and Designs) of 12 February 2001 (Case R 251/2000-
                                Term)                                      3), concerning the registration of the sign MYSTERY as a
                                                                           Community trade mark, which was opposed by the national
                          (2003/C 101/56)                                  trade mark Mixery, the Court of First Instance (Second
                                                                           Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
                   (Language of the case: English)                         rung and A.W.H. Meij, Judges, Registrar: D. Christensen,
                                                                           Administrator, has given a judgment on 15 January 2003, in
                                                                           which it:
In Case T-7/01, Norman Pyres, former member of the
temporary staff of the Commission of the European Communi-                 1.     Dismisses the application;
ties, residing in Brussels (Belgium), represented by G. Vander-
sanden and L. Levi, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities                       2.     Orders the parties to bear their own costs.
(Agent: J. Currall): Application for annulment of the Com-
mission’s decision to extend the applicant’s temporary staff
contract for a term limited to six months, the Court of First              (1 ) OJ C 227 of 11.8.2001.
Instance (P. Mengozzi, Single Judge); J. Plingers, Administrator,
for the Registrar, has given a judgment on 6 February 2003,
in which it:
1.     Dismisses the action;
2.     Orders each party to bear its own costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 95 of 24.3.2001.
                                                                                                   of 13 February 2003
                                                                           in Case T-333/01: Karl L. Meyer v Commission of the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   European Communities ( 1)
                        of 15 January 2003                                 (OCT — Action for damages — Duty of publication and
                                                                                                  control — Causal link)
in Case T-99/01: Mystery drinks GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
                        Designs) (OHIM) ( 1)                                                          (2003/C 101/58)
(Community trade mark — Opposition procedure — Earlier
national trade mark Mixery — Application for Community                                         (Language of the case: French)
word mark MYSTERY — Proof of use of earlier mark —
Relative ground for refusal — Article 8(1)(b) of Regulation
                             No 40/94)
                                                                           In Case T-333/01, Karl L. Meyer, residing at Uturoa (French
                          (2003/C 101/57)                                  Polynesia), represented by J.-D. des Arcis, lawyer, with an
                                                                           address for service in Luxembourg, v Commission of the
                   (Language of the case: German)                          European Communities (Agents: M.-J. Jonczy and B. Mar-
                                                                           tenczuk): Application for compensation for damage allegedly
                                                                           suffered by the applicant because of alleged maladministration
In Case T-99/01, Mystery drinks GmbH, in judicial liquidation,             by the Commission in the application of decisions on the
established in Eppertshausen (Germany), represented by T. Je-              association of the overseas countries and territories, the Court
staedt, V. von Bomhard and A. Renck, lawyers, v Office for                 of First Instance (Third Chamber), composed of: K. Lenaerts,