Judgment of the Court of First Instance of 12 December 2000 in Case T-223/99: Luc Dejaiffe v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Members of the temporary staff — Early termination of a fixed-term contract of employment of a member of the temporary staff — Interests of the service — Manifest error of assessment — Misuse of powers — Non-contractual liability of the Community)
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: Community body, action for annulment (EU), approximation of laws, servant (EU), single market, work contract

7.4.2001

EN

Official Journal of the European Communities

C 108/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 December 2000

of 12 December 2000

in Joined Cases T-110/99 and T-260/99: F v European
Parliament (1)

(Officials — Absences — Production of medical certificates
— Failure by the person concerned to attend for medical
leave
check-ups — Sick leave deducted from annual
entitlement — Action for annulment — Applications for
compensation)

in Case T-223/99: Luc Dejaiffe v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

(Members of the temporary staff — Early termination of a
fixed-term contract of employment of a member of the
temporary staff — Interests of the service — Manifest error
of assessment — Misuse of powers — Non-contractual
liability of the Community)

(2001/C 108/28)

(Language of the case: French)

In Joined Cases T-110/99 and T-260/99: F, an official of the
European Parliament, residing at Bertrange (Luxembourg),
represented by L. Mosar, S. Kersch and P. Goergen, of the
Luxembourg Bar, with an address for service in Luxembourg
at the Chambers of Mr Mosar, 8 Rue Notre-Dame, v European
Parliament (Agent: M. Moore) — application, first, for annul-
ment of three decisions of the Parliament deducting from the
applicant’s annual leave entitlement absences on account of
sickness regarded as irregular and, second, for compensation
for the non-material damage allegedly resulting from those
decisions and from the conduct of the Parliament — the Court
of First Instance (Second Chamber), composed of: J. Pirrung,
President, and A. Potocki and A.W.H. Meij, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
13 December 2000, in which it:

1. Dismisses as inadmissible the application for annulment in
Case T-110/99, inasmuch as it is directed against the decision
of 28 January 1999;

2. Annuls the decisions of 16 September 1998 and 22 April

1999;

3. Dismisses the applications for compensation;

4. Orders the Commission to bear its own costs and to pay one

half of the costs of the applicant;

5. Orders the applicant to bear one half of her own costs.

(1) OJ C 226 of 7.8.1999; OJ C 366 of 18.12.1999.

(2001/C 108/29)

(Language of the case: French)

In Case T-223/99: Luc Dejaiffe, an official of the Commission
of the European Communities, residing at Nivelles (Belgium),
represented by G. Vandersanden, of the Brussels Bar, with an
address for service in Luxembourg at the offices of Fiduciaire
Myson SARL, 30 Rue de Cessange, v Office for harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: O. Montaldo and J.P. Miranda de Sousa) — application
for annulment of the decision of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 21 Decem-
ber 1998 terminating the applicant’s contract as a member of
the temporary staff, for compensation for the damage suffered
and for an order requiring the Office to re-establish the
applicant in his career — the Court of First Instance (Third
Chamber), composed of: K. Lenaerts, President, and J. Azizi
and M. Jaeger, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 12 December 2000, in
which it:

1. Annuls the decision of the President of the Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs) of
21 December 1998 terminating the applicant’s contract as a
member of the temporary staff;

2. Orders the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) to pay to the applicant a sum
corresponding, in respect of the period from 16 February 1999
to 30 November 1999 inclusive, to the difference between the
monthly salary which he would have received from the Office
and that paid following his reinstatement in the Commission,
less the termination compensation paid by the Office to the
the Conditions of
to Article 47(1) of
applicant pursuant
employment of other servants of the European Communities;

3. Orders the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) to pay to the applicant the token
sum of 1 euro by way of compensation for the non-material
damage suffered by him;

C 108/18

EN

Official Journal of the European Communities

7.4.2001

4. Dismisses the remainder of the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

5. Orders the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

of 26 October 2000

(1) OJ C 6 of 8.1.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 October 2000

in Case T-345/99: Harbinger Corporation v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — The term TRUSTEDLINK —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2001/C 108/30)

(Language of the case: English)

In Case T-345/99: Harbinger Corporation, established in
Atlanta, Georgia, United States of America, represented by
R. Collin, M.-C. Mitchell and E´ . Logeais, of the Paris Bar, with
an address for service in Luxembourg at the Chambers of
Decker and Braun, 16 Avenue Marie-Thérèse, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: J. Miranda de Sousa and A. Di Carlo
) — application for annulment of the decision of 17 September
the Office for
1999 of
Harmonisation in the Internal Market
(Trade Marks and
Designs) (Case R 163/1998-3) refusing the registration of the
term TRUSTEDLINK as a Community trade mark — the Court
of First Instance (Fourth Chamber), composed of: V. Tiili,
President, R.M. Moura Ramos and P. Mengozzi,
Judges;
G. Herzig, Administrator,
for the Registrar, has given a
judgment on 26 October 2000, in which it:

the Third Board of Appeal of

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 63 of 4.3.2000.

in Case T-360/99: Community Concepts AG v Office for
Harmonisation in the Internal Market (trade marks and
designs) (OHIM) (1)

(Community trade mark — ‘Investorworld’ — Absolute
ground for refusal — Lack of distinctive character)

(2001/C 108/31)

(Language of the case: German)

In Case T-360/99: Community Concepts AG, formerly Touch-
down Gesellschaft
für erfolgsorientiertes Marketing mbH,
established in Munich, Germany, represented by F. Bahr and
F. Cordt-Terzi, of the Munich Bar, with an address for service
in Luxembourg at the Chambers of N. Decker, 16 Avenue
Marie-Thérèse, against Office for Harmonisation in the Internal
Market (trade marks and designs) (OHIM) (Agents: A. von
Mühlendahl, D. Schennen, and E. Joly) — application for
annulment of the decision of the third Board of Appeal of the
Office for Harmonisation in the Internal Market (trade marks
and designs) of 15 October 1999 (Case R 204/1999-3) refusing
registration of the word ‘Investorworld’ as a Community trade
mark — the Court of First
Instance (Fourth Chamber),
composed of: V. Tiili, President, R.M. Moura Ramos and
P. Mengozzi, Judges; G. Herzig, Administrator, for the Regis-
trar, has given a judgment on 26 October 2000 in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 102 of 8.4.00.

ORDER OF THE COURT OF FIRST INSTANCE

of 28 November 2000

in Case T-172/99: Francesca Pentericci v Commission of
the European Communities (1)

(Competition — Non-admission to the tests — Conditions
of admission — Professional experience — Candidate’s file
— Action manifestly unfounded in law)

(2001/C 108/32)

(Language of the case: Italian)

In Case T-172/99: Francesca Pentericci, residing at Jesi (Italy),
represented by M. Pentericci, of the Ancona Bar, with an