CELEX: C2003/124/33
Language: en
Date: 2003-05-24 00:00:00
Title: Judgment of the Court of First Instance of 5 March 2003 in Case T-273/01: Innova Privat-Akademie GmbH v Commission of the European Communities (Community trade mark — Invalidity proceedings — "BSS" — Article 51 of Regulation (EC) No 40/94 — Absolute ground for refusal — Article 7(1)(d) of Regulation No 40/94 — Distinctive character acquired through use — Articles 7(3) and 51(2) of Regulation No 40/94)

24.5.2003               EN                            Official Journal of the European Union                                        C 124/19
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        of 5 March 2003
                         of 19 March 2003
                                                                              in Case T-273/01: Innova Privat-Akademie GmbH v Com-
                                                                                         mission of the European Communities (1)
in Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios                    (Community trade mark — Invalidity proceedings — ‘BSS’
Tsarnavas v Commission of the European Communities (1)                        — Article 51 of Regulation (EC) No 40/94 — Absolute
                                                                              ground for refusal — Article 7(1)(d) of Regulation No 40/
                                                                              94 — Distinctive character acquired through use — Articles
                                                                                          7(3) and 51(2) of Regulation No 40/94)
(Officials — Admissibility — Promotion — Consideration
   of comparative merits of officials from different services)                                          (2003/C 124/33)
                                                                                                  (Language of the case: German)
                           (2003/C 124/32)
                                                                              In Case T-273/01: Alcon Inc, formerly Alcon Universal Ltd,
                                                                              established in Hünenberg (Switzerland), represented by H.
                    (Language of the case: French)                            Porter, Solicitor and C. Morcom QC, with an address for
                                                                              service in Luxembourg, v Commission of the European
                                                                              Communities (Agents: M. de Pauw and B. Martenczuk: Action
                                                                              brought against the decision of the First Board of Appeal of
                                                                              the Office for Harmonisation in the Internal Market (Trade
                                                                              Marks and Designs) (OHIM) of 13 July 2001 (Case R 273/
                                                                              2000-1), the Court of First Instance (Third Chamber), compo-
In Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
                                                                              sed of: R.M. Moura Ramos, President, J. Pirrung and
Tsarnavas, an official of the Commission of the European
Communities, residing in Brussels, represented by N. Lhoëst,                  A.W.H. Meij, Judges, Registrar: J. Plingers, Administrator, has
                                                                              given a judgment on 19 March 2003, in which it:
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: D. Martin)
— application for the annulment of the decisions of the                       1.     Dismisses the application;
Commission not to promote the applicant in the 1998,
1999 and 2000 promotions procedures — the Court of First                      2.     Orders the applicant to pay the costs.
Instance (First Chamber), composed of B. Vesterdorf, President,
R.M. Moura Ramos and H. Legal, Judges; Blanca Pastor, Deputy                  (1 ) OJ C 3 of 5.1.2002.
Registrar, gave a judgment on 19 March 2003, in which it:
1.     Annuls the decisions of the Commission not to promote
       the applicant in the 1998, 1999 and 2000 promotions
       procedures;                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        of 5 March 2003
2.     Dismisses as inadmissible the application in Case T-190/01;
                                                                              in Case T-293/01: Donatella Ineichein v Commission of
                                                                                                the European Communities (1)
3.     Orders the Commission to pay the costs in Cases T-188/01
       and T-189/01;
                                                                              (Temporary staff — Daily subsistence allowance — Place of
                                                                                                    recruitment — Evidence)
4.     Orders the parties to bear their own costs in Case T-190/01.
                                                                                                        (2003/C 124/34)
                                                                                                   (Language of the case: French)
( 1) OJ C 317 of 10.11.2001 and C 303 of 27.10.2001.
                                                                              In Case T-293/01: Donatella Ineichein, member of the tempor-
                                                                              ary staff of the Commission of the European Communities,
                                                                              residing in Brussels, represented by M.-A. Lucas, lawyer, against