CELEX: C2001/369/19
Language: en
Date: 2001-12-22 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2001 in Case T-335/99: Henkel KGaA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Shape of a product for washing machines or dishwashers — Three-dimensional mark — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

C 369/12                 EN                    Official Journal of the European Communities                                 22.12.2001
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 13 September 2001
                                                                                               of 19 September 2001
in Case T-160/99: Gunnar Svantesson and Others v
               Council of the European Union (1)                          in Case T-335/99: Henkel KGaA v Office for Harmonis-
                                                                          ation in the Internal Market (Trade Marks and Designs)
                                                                                                       (OHIM) (1)
(Officials — Internal competition — Composition of selec-
                             tion board)
                                                                          (Community trade mark — Shape of a product for washing
                          (2001/C 369/18)                                 machines or dishwashers — Three-dimensional mark —
                                                                          Absolute ground for refusal — Article 7(1)(b) of Regulation
                                                                                                     (EC) No 40/94)
                    (Language of the case: French)
                                                                                                    (2001/C 369/19)
In Case T-160/99: Gunnar Svantesson, an official of the
Council of the European Union, residing in Brussels, Lena                                    (Language of the case: German)
Hellsten, an official of the Council of the European Union,
residing in Brussels. Monica Hägg, former official of the
Council of the European Union, residing in Brussels, represent-
ed by M.-A. Lucas, avocat, with an address for service in
Luxembourg, against Council of the European Union (Agents:
M. Bauer and I. Lopez Cardoso) — application for the
                                                                          In Case T-335/99: Henkel KGaA, established in Düsseldorf
annulment of the decisions of the selection board for Internal
                                                                          (Germany), represented by H.F. Wissel and C. Osterrieth,
Competition COUNCIL/LA/262 not to mark the optional
                                                                          lawyers, with an address for service in Luxembourg, against
papers sat by the applicants and not to admit them to the oral
                                                                          Office for Harmonisation in the Internal Market (Trade Marks
tests for that competition, and for the annulment of the whole
                                                                          and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
of that competition — the Court of First Instance (Fourth
                                                                          nen and S. Laitinen) — application brought against the
Chamber), composed of P. Mengozzi, President, V. Tiili and
                                                                          decision of the Third Board of Appeal of the Office for
R.M. Moura Ramos, Judges; H. Jung, Registrar, gave a judgment
                                                                          Harmonisation in the Internal Market (Trade Marks and
on 13 September 2001, in which it:
                                                                          Designs) of 21 September 1999 (Case R 70/1999-3), which
                                                                          was notified to the applicant on 28 September 1999 — the
                                                                          Court of First Instance (Second Chamber), composed of
1.    Annuls the decisions of the selection board for Internal            A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
      Competition COUNCIL/LA/262 not to admit the applicants              D. Christensen, Administrator, for the Registrar, has given a
      to the oral tests and not to mark their optional papers for the     judgment on 19 September 2001, in which it:
      competition;
2.    Dismisses the remainder of the application;                         1.    Dismisses the action;
3.    Orders the Council to pay the costs.                                2.    Orders the parties to bear their own costs.
(1) OJ C 281 of 2.10.1999.                                                (1) OJ C 63 of 4.3.2000.