CELEX: C2002/305/44
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court of First Instance of 25 September 2002 in Case T-316/00: Viking-Umwelttechnik GmbH v Office for Harmonisation in the Internal Market (Trade, Marks and Designs) (OHIM) (Community trade mark — Colours (green and grey) — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

7.12.2002               EN                      Official Journal of the European Communities                                           C 305/21
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Verryck, residing in Brussels, Françoise Leroy, residing in
                                                                           Villers-la-Ville (Belgium), Petra Schlueter, residing in Overijse
                      of 25 September 2002                                 (Belgium), Lucia Talluto, residing in Brussels, Sandrine Tauber,
                                                                           residing in Brussels, Jacqueline White, residing in Brussels,
                                                                           Anne-Christine Ranglaret-Clément, residing in Brussels, Francy
in Case T-316/00: Viking-Umwelttechnik GmbH v Office                       Arnalsteen, residing in Genval (Belgium), Georges Anagnostar-
for Harmonisation in the Internal Market (Trade, Marks
                                                                           as, residing in Brussels, Jean-Pierre Dupriez, residing in Berloz
                     and Designs) (OHIM) ( 1)
                                                                           (Belgium), François Jurquet, residing in Brussels, Christian Eloy,
                                                                           residing in Waterloo (Belgium), Jean-Pierre Kanyinda, residing
(Community trade mark — Colours (green and grey) —                         in Zellik (Belgium), Bernard Lion, residing in Brussels, Renato
Absolute ground for refusal — Distinctive character —                      Stella, residing in Brussels, Gérard Van Neylen, residing in
          Article 7(1)(b) of Regulation (EC) No 40/94)                     Brussels, represented initially by A. Evrard and A. Colson, then
                                                                           by A. Colson and P.-P. Van Gehuchten, lawyers, with an
                          (2002/C 305/44)                                  address for service in Luxembourg, against the Commission
                                                                           of the European Communities (Agents: initially, E. Tserepa
                   (Language of the case: German)                          Lacombe and D. Martin; then, D. Martin and F. Clotuche-
                                                                           Duvieusart) — application for annulment of the Commission’s
                                                                           decision to refuse to appoint the applicants as established
                                                                           officials or to offer them contracts as members of the
In Case T-316/00, Viking-Umwelttechnik GmbH, established                   temporary staff for an indefinite term and for compensation
in Kufstein (Austria), represented by S. Völker, lawyer, v Office          of the damage suffered as a result of that decision — the Court
for Harmonisation in the Internal Market (Trade Marks and                  of First Instance (Third Chamber), composed of M. Jaeger,
Designs) (OHIM) (Agents: A. von Mühlendahl, E. Joly and                    President, K. Lenaerts and J. Azizi, Judges; Registrar: D. Chris-
S. Bonne): Action brought against the decision of the First                tensen, Administrator, gave a judgment on 26 September
Board of Appeal of the Office for Harmonisation in the                     2002, in which it:
Internal Market (Trade, Marks and Designs) of 28 July 2000
(Case R 558/1999-1) refusing registration of a juxtaposition               1.     Dismissed the action
of the colours green and grey as a Community trade mark, the
Court of First Instance (Fourth Chamber), composed of:                     2.     Ordered each of the parties to pay his or her own costs.
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Pling-
ers, Administrator, for the Registrar, has given a judgment on
                                                                           (1 ) OJ No C 372 of 23 December 2000.
25 September 2002, in which it:
1.     Dismisses the action;
2.     Orders the applicant to pay the costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 372 of 23.12.2000.
                                                                                                 of 11 September 2002
                                                                           in Case T-89/01: Claude Willeme v Commission of the
                                                                                              European Communities (1)
                                                                           (Officials — Obligations under the Staff Regulations —
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Declaration of spouse’s occupation — Personal interest
                                                                           likely to compromise independence — Obligation relating to
                      of 26 September 2002                                 personal dignity — Obligation to act in the interest of the
                                                                           Communities — Duty of loyalty — Disciplinary proceedings
in Case T-319/00: Chantal Borremans and Others v                           — Non-contractual liability — Assessment of non-material
        Commission of the European Communities ( 1)                                                      damage)
(Officials — Former agents of the European Association for                                           (2002/C 305/46)
Cooperation — Refusal to appoint as established officials —
           Action for annulment and compensation)                                              (Language of the case: French)
                          (2002/C 305/45)
                                                                           In Case T-89/01: Claude Willeme, an official of the Com-
                    (Language of the case: French)                         mission of the European Communities, residing in Brussels,
                                                                           represented by Georges Vandersanden and Laure Levi, avocats,
                                                                           with an address for service in Luxembourg, against Com-
                                                                           mission of the European Communities (Agents: J. Currall and
In Case T-319/00: Chantal Borremans, residing in Brussels,                 D. Waelbroeck) — application for first, annulment of the
Annick Duez, residing in Baudour (Belgium), Ariane Dutrieux-               decision of 19 June 2000 downgrading the applicant from