In a decision of 16 September 2009 which appears to be available only in French and German so far, the Court of First Instance dismissed an appeal against the Board of Appeal's refusal to register the shape of a handle (depicted) for gardening tools.

The CFI confirms that the Board of Appeal was right in concluding that the shape of the handle is rather ordinary for handles of the kind of products claimed. Even if the relevant consumers would notice certain peculiarities of the shape, they would not perceive the shape as an indication of source.

Acquired distinctiveness was not claimed. I'd say this case was rather easy to handle...

Decision (in German) here.