CELEX: C2001/134/44
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 31 January 2001 in Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Word mark Giroform — Absolute grounds for refusal — Article 7(1)(b) and (c) of Regulation (EC) No 40/94 — Descriptive character)

C 134/20               EN                       Official Journal of the European Communities                                        5.5.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                v European Parliament (Agents: H. von Hertzen and J. Sant’An-
                                                                           na) — application for annulment, first, of the decision of the
                      of 14 December 2000                                  European Parliament rejecting the application by the applicant
                                                                           for the post of Deputy Head of the French Translation Division,
in Case T-213/99: Luc Verheyden v Commission of the                        as referred to in Vacancy Notice No 8503, and, second, of the
                   European Communities (1)                                decision appointing Ms W. to that post — the Court of First
                                                                           Instance (First Chamber), composed of: B. Vesterdorf, President,
(Officials — Action for annulment — Measures and instruc-                  and M. Vilaras and N.J. Forwood, Judges; B. Pastor, Principal
tions falling within the ambit of discipline in the workplace              Administrator, for the Registrar, has given a judgment on
— Measure adversely affecting an official — Action for                     15 November 2000, in which it:
                  damages — Inadmissibility)
                                                                           1.    Annuls the decision of the European Parliament rejecting the
                          (2001/C 134/42)                                        application by the applicant and appointing Ms W. to the post
                                                                                 of Deputy Head of the French Translation Division, as referred
                                                                                 to in Vacancy Notice No 8503;
                   (Language of the case: French)
                                                                           2.    Orders the European Parliament to pay the costs.
In Case T-213/99: Luc Verheyden, an official of the Com-
mission of the European Communities, residing at Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an          (1) OJ C 6 of 8.1.2000.
address for service in Luxembourg at the Chambers of
L. Schiltz, 2 Rue du Fort Rheinsheim, v Commission of the
European Communities (Agents: C. Berardis-Kayser and A. Dal
Ferro) — application, first, for annulment of the note dated
10 November 1998 from the head of the Logistics unit in
the Infrastructure Directorate for the Ispra site and of the
administration’s refusal dated 16 November 1998 to withdraw
that note, and, second, for compensation for the non-material
damage allegedly suffered — the Court of First Instance (Fifth                 JUDGMENT OF THE COURT OF FIRST INSTANCE
Chamber), composed of: P. Lindh, President, and R. Garcı́a-
Valdecasas and J.D. Cooke, Judges; B. Pastor, Principal Adminis-
trator, for the Registrar, has given a judgment on 14 December                                    of 31 January 2001
2000, in which it:
                                                                           in Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH
1.    Dismisses the action as inadmissible;                                v Office for Harmonisation in the Internal Market (Trade
                                                                                            marks and Designs) (OHIM) (1)
2.    Orders the parties to bear their own costs.
                                                                           (Community trade mark — Word mark Giroform — Absol-
(1) OJ C 333 of 20.11.1999.
                                                                           ute grounds for refusal — Article 7(1)(b) and (c) of
                                                                                Regulation (EC) No 40/94 — Descriptive character)
                                                                                                    (2001/C 134/44)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              (Language of the case: German)
                     of 15 November 2000
                                                                           In Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH,
  in Case T-261/99: Jean Dehon v European Parliament (1)                   formerly Stora Carbonless Paper GmbH, established in Bielefeld
                                                                           (Germany), represented by U. Ulrich, Rechtsanwalt, Düsseldorf,
(Officials — Promotion — Notice of vacancy — Examin-                       with an address for service in Luxembourg at the Office de
     ation of comparative merits — Equal opportunities)                    Brevets Ernest T. Freylinger, 234 Route d’Arlon, against Office
                                                                           for Harmonisation in the Internal Market (Trade marks and
                          (2001/C 134/43)                                  Designs) (OHIM) (Agents: E. Joly, P. von Kapff, and A. von
                                                                           Mühlendahl) — application for annulment of the decision of
                                                                           the Third Board of Appeal of the Office for Harmonisation in
                   (Language of the case: French)                          the Internal Market (Trade marks and Designs) of 8 September
                                                                           1999 in Case R 175/1999-3 refusing registration of the word
In Case T-261/99: Jean Dehon, an official of the European                  ‘Giroform’ as a Community trade mark — the Court of First
Parliament, residing at Hagen (Luxembourg), represented by                 Instance (Fourth Chamber), composed of: V. Tiili, President,
J.-N. Louis, G.-F. Parmentier and V. Peere, of the Brussels Bar,           R.M. Moura Ramos and P. Mengozzi, Judges; G. Herzig,
with an address for service in Luxembourg at the offices of                Administrator, for the Registrar, has given a judgment on
Société de Gestion Fiduciaire SARL, 13 Avenue du Bois,                     31 January 2001, in which it:
 ---pagebreak--- 5.5.2001                EN                     Official Journal of the European Communities                                          C 134/21
1.    Dismissed the application;                                               ORDER OF THE COURT OF FIRST INSTANCE
2.    Ordered the applicant to pay the costs.                                                    of 17 January 2001
                                                                          in Case T-124/99: Autosalone Ispra dei Fretelli Rossi Snc
(1) OJ C 79 of 18.3.00.                                                   v European Atomic Energy Authority, represented by the
                                                                                  Commission of the European Communities (1)
                                                                          (Action for compensation — Non-contractual liability —
                                                                          Flood — Obstruction of a drain — Time-limit — No effect
                                                                                                  on running of time)
                                                                                                    (2001/C 134/46)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              (Language of the case: Italian)
                        of 18 January 2001
                                                                          In Case T-124/99: Autosalone Ispra dei Fratelli Rossi Snc,
                                                                          established in Ispra (Italy), represented by F. Venuti, of the
in Case T-65/00: Angeliki Ioannou v Council of the                        Busto Arsizio Bar, with an address for service in Luxembourg
                        European Union (1)                                at the Chambers of A. Kronshagen, 22 Rue Marie-Adelaïde,
                                                                          against European Atomic Energy Community, represented
(Officials — Refusal of recruitment — Physical unfitness                  by the Commission of the European Communities (Agents:
— Opinion of the medical board — Judicial review —                        H. Speyart and P. Stancanelli) — application for a declaration
Comprehensible link between the medical findings and the                  that the European Atomic Energy Community is liable for the
                      conclusion of unfitness)                            harm sustained by the applicant following a flood in Ispra
                                                                          during the night of 1-2 June 1992 and, accordingly, for an
                                                                          order that that Community is to make good that damage —
                         (2001/C 134/45)                                  the Court of First Instance (Second Chamber), composed of
                                                                          A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;
                                                                          H. Jung, Registrar, has made an order on 17 January 2001, the
                    (Language of the case: French)                        operative part of which is as follows:
                                                                          1.    The application is dismissed as manifestly inadmissible;
In Case T-65/00: Angeliki Ioannou, a former employee of the
Economic Union between Belgium, the Netherlands and                       2.    The applicant is ordered to bear its own costs and to pay those
Luxembourg (Benelux) assigned to the Schengen Secretariat,                      incurred by the Commission.
residing in Brussels, represented by J. van Rossum, of the
Brussels Bar, with an address for service in Luxembourg at the            (1) OJ C 226, 7.8.1999, p. 39.
offices of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Council of the European Union (Agents: F. Anton and M. Bauer)
— application for annulment of the Council’s decision of
21 May 1999 refusing to appoint the applicant a probationary
official upon the integration of the Schengen Secretariat into
the General Secretariat of the Council on the ground of
physical unfitness to perform the duties envisaged — the Court                  ORDER OF THE COURT OF FIRST INSTANCE
of First Instance (Third Chamber), composed of: J. Azizi,
President, and K. Lenaerts and M. Jaeger, Judges; J. Palacio                                      of 9 January 2001
González, Administrator, for the Registrar, has given a judg-
ment on 18 January 2001, in which it:                                     in Case T-149/00: Innova, Centro Euromediterraneo per
                                                                          lo Sviluppo Sostenibile v Commission of the European
1.    Annuls the decision of the Council of 21 May 1999 refusing                                    Communities (1)
      to appoint the applicant a probationary official upon the
      integration of the Schengen Secretariat into the Secretariat of     (Action for annulment — Action concerning what is in fact
      the Council on the ground of physical unfitness to perform the      a dispute of a contractual nature — Lack of jurisdiction of
      duties envisaged;                                                                      the Court of First Instance)
2.    Orders the Council to pay the costs.                                                         (2001/C 134/47)
(1) OJ C 135 of 13.5.2000.                                                                    (Language of the case: French)
                                                                          In Case T-149/00: Innova, Centro Euromediterraneo per lo
                                                                          Sviluppo Sostenibile, established at Calatafimi (Italy), represent-