CELEX: C2002/109/87
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court of First Instance 7 February 2002 in Case T-88/00: Mag Instrument Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Torch shape — Three-dimensional mark — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)

C 109/44               EN                     Official Journal of the European Communities                                     4.5.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              represented by J.-N. Louis and V. Peere, lawyers, with an
                                                                         address for service in Luxembourg, against Commission of the
                        7 February 2002                                  European Communities (Agent: J. Currall) — application for
                                                                         annulment of the decision of the Commission of 8 October
in Case T-88/00: Mag Instrument Inc. v Office for Harmon-                1999 fixing, with effect from 16 January 1999, the applicant’s
isation in the Internal Market (Trade Marks and Designs)                 definitive classification in Grade A 7, step 1 — the Court of
                             (OHIM) (1)                                  First Instance (Fourth Chamber), composed of M. Vilaras,
                                                                         President, V. Tiili and P. Lindh, Judges; J. Palacio González,
(Community trade mark — Torch shape — Three-dimen-                       Administrator, for the Registrar, gave a judgment on 31 Janu-
sional mark — Absolute ground for refusal — Distinctive                  ary 2002, in which it:
  character — Article 7(1)(b) of Regulation (EC) No 40/94)
                         (2002/C 109/87)                                 1.    annuls the decision of the Commission of 8 October 1999
                                                                               fixing, with effect from 16 January 1999, the applicant’s
                  (Language of the case: German)                               definitive classification in Grade A 7, step 1.
                                                                         2.    orders the Commission to pay the costs.
In Case T-88/00, Mag Instrument Inc., established in Ontario
(United States of America), represented by A. Nette, W. von
der Osten-Sacken, H. Stratmann, G. Rahn and U. Hocke,
                                                                         (1) OJ 2000 C 285.
lawyers, with an address for service in Luxembourg v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (agents: A. von Mühlendahl, E. Joly and
S. Bonne): Action brought against the decision of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 14 February
2000 (Cases R-237/1999-2 to R-241/1999-2) refusing regis-
tration of five three-dimensional trade marks consisting of
torch shapes, Court of First Instance (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura
Ramos, Judges; D. Christensen, Administrator, Registrar, has                 JUDGMENT OF THE COURT OF FIRST INSTANCE
given a judgment on 7 February 2002, in which it:
                                                                                                    7 February 2002
1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
                                                                         in Case T-211/00: Aldo Kuijer v Council of the European
                                                                                                          Union (1)
(1) OJ C 163 of 10.6.2000.
                                                                         (Transparency — Council Decision 93/731/EC on public
                                                                         access to Council documents — Refusal of an application for
                                                                         access — Protection of the public interest — International
                                                                                  relations — Manifest error — Partial (access)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 31 January 2002                                                            (2002/C 109/89)
in Case T-206/00: Merja Hult v the Commission of the
                   European Communities (1)                                                   (Language of the case: English)
(Officials — Classification — Statement of reasons —
Article 32 of the Staff Regulations — Commission decision
on the criteria applicable to appointment to grade and                   In Case T-211/00, Aldo Kuijer, residing in Utrecht (Nether-
classification in step on recruitment — Additional seniority             lands), represented by O.W. Brouwer and T. Janssens, lawyers,
    in grade — Conditions — Principle of legal certainty)                with an address for service in Luxembourg, v Council of the
                                                                         European Union (agents: M. Bauer and M. Bishop): Application
                         (2002/C 109/88)                                 for annulment of the Council’s decision notified to the
                                                                         applicant by letter of 7 June 2000 refusing him access to
                   (Language of the case: French)                        certain documents from the Centre for Information, Discussion
                                                                         and Exchange on Asylum (‘CIREA’) which were requested
                                                                         under Council Decision 93/731/EC of 20 December 1993 on
In Case T-206/00: Merja Hult, an official of the Commission of           public access to Council documents (OJ 1993 L 340, p. 43),
the European Communities, residing in Howald (Luxembourg),               Court of First Instance (Fourth Chamber), composed of: