Order of the Court of First Instance of 28 November 2000 in Case T-172/99: Francesca Pentericci v Commission of the European Communities (Competition — Non-admission to the tests — Conditions of admission — Professional experience — Candidate's file — Action manifestly unfounded in law)
Date: 2001-04-07
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrative transparency, competition (EU)

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

7.4.2001

EN

Official Journal of the European Communities

C 108/19

address for service in Luxembourg at
the Chambers of
J. Brucher, 10 Rue de Vianden, v Commission of the European
Communities (Agent: G. Valsesia) — application, first, for
annulment of the decision of the selection board not to
admit the applicant to the written tests in open competition
COM/A/12/98 and, second, for an order requiring the defend-
ant to pay damages — the Court of First Instance (Second
Chamber), composed of A.W.H. Meij, President, and A. Potocki
and J. Pirrung, Judges; H. Jung, Registrar, made an order on
28 November 2000, the operative part of which is as follows:

1.

2.

The action is dismissed as manifestly unfounded in law.

The parties shall bear their own costs.

(1) OJ C 281 of 2.10.1999.

ORDER OF THE COURT OF FIRST INSTANCE

of 16 October 2000

in Case T-195/99: SIM 2 Multimedia SpA v Commission
of the European Communities (1)

(Disclaimer of jurisdiction)

(2001/C 108/33)

(Language of the case: Italian)

In Case T-195/99: SIM 2 Multimedia SpA, established at
Pordenone (Italy), represented by Alessio Vianello, of the
Venice Bar, with an address for service in Luxembourg at the
Chambers of Elvinger, Hoss & Prussen, 15 Côte d’Eich, v
Commission of the European Communities (Agents: G. Rozet,
A. Abate and E. Cappelli) — application for annulment of
the Commission’s decision C(1999) 1524 of 2 June 1999
concerning State aid granted by the Italian Government to
Seleco SpA, inasmuch as it considers the applicant to be jointly
and severally liable to repay that part of the aid which has not
been recovered from Seleco — the Court of First Instance (First
Chamber, Extended Composition), composed of: B. Vesterdorf,
President, and A. Potocki, A.W.H. Meij, M. Vilaras and
N.J. Forwood, Judges; H. Jung, Registrar, made an order on
16 October 2000, the operative part of which is as follows:

1.

The Court of First
Instance declines jurisdiction in Case
T-195/99 SIM 2 Multimedia v Commission in favour of the
Court of Justice, in order that the latter Court may rule on the
application for annulment.

2.

The costs are reserved.

(1) OJ C 333 of 20.11.1999.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 8 December 2000

in Case T-237/99 R: BP Nederland vof and Others v
Commission of the European Communities

(Proceedings for interim measures — Suspension of oper-
ation — State aid — Prima facie case — Urgency)

(2001/C 108/34)

(Language of the case: Dutch)

In Case T-237/99 R: BP Nederland vof, established at Alphen
aan den Rijn (Netherlands), BP Direct vof, established at Alphen
aan den Rijn (Netherlands), and Actomat BV, established in
Amsterdam (Netherlands), represented by M. van Empel and
M. Smeets, of the Amsterdam Bar, with an address for service
in Luxembourg at the Chambers of Messrs Harles, Arendt &
Medernach, 8-10 Rue Mathias Hardt, supported by the
Kingdom of the Netherlands (Agent: M.A. Fierstra), v Com-
mission of the European Communities (Agents: G. Rozet and
H.M.H. Speyart) — application for partial suspension of
operation of
the Commission’s decision 1999/705/EC of
20 July 1999 on the State aid implemented by the Netherlands
for 633 Dutch service stations located near the German border
(OJ 1999 L 280, p. 87) — the President of the Court of First
Instance made an order on 8 December 2000, the operative
part of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 14 December 2000

in Case T-5/00 R: Nederlandse Federatieve Vereniging
voor de Groothandel op Elektrotechnisch Gebied v Com-
mission of the European Communities

(Proceedings for interim measures — Suspension of oper-
ation — Competition — Payment of a fine — Bank
guarantee — Urgency)

(2001/C 108/35)

(Language of the case: Dutch)

In Case T-5/00 R: Nederlandse Federatieve Vereniging voor de
Groothandel op Elektrotechnisch Gebied, established in The