Judgment of the Court of First Instance of 16 January 2001 in Joined Cases T-97/99 and T-99/99: Michel Chamier and Eoghan O'Hannrachain v European Parliament (Officials — Grade A 1 post — Article 29(2) of the Staff Regulations — Notice of vacancy — Manifest error of assessment — Misuse of powers)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), administrator, appointment of staff, power to appoint

5.5.2001

EN

Official Journal of the European Communities

C 134/17

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

of 17 January 2001

in Case T-156/98: RJB Mining plc v Commission of the
European Communities (1)

(ECSC Treaty — Concentration between undertakings —
Admissibility — State aid)

(2001/C 134/35)

(Language of the case: English)

In Case T-156/98: RJB Mining plc, having its registered office
at Harworth, United Kingdom, represented by M. Brealey,
Barrister, and J. Lawrence, Solicitor, with an address for service
in Luxembourg at the Chambers of Arendt and Medernach,
8-10 Rue Mathias Hardt, against Commission of the European
Communities (Agents: K. Leivo and R. Lyal) supported by RAG
Aktiengesellschaft, established in Essen (Germany), represented
by M. Hansen, Denmark, and S. Völcker, Rechtsanwalt, Berlin,
with an address for service in Luxembourg at the Chambers of
Loesch and Wolter, 11 Rue Goethe, and by Federal Republic
of Germany, (Agents: W.-D. Plessing and C.-D. Quassowski)
— application for annulment of the Commission decision of
29 July 1998 authorising the acquisition by RAG Aktienge-
sellschaft of control of Saarbergwerke AG and Preussag
Anthrazit GmbH (Case No IV/ECSC.1252-RAG/Saarbergwerke
AG/Preussag Anthrazit) — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; H. Jung, Registrar, has given a
judgment on 31 January 2001, in which it:

1. Annuls the Commission decision of 29 July 1998 authorising
the acquisition of
control by RAG Aktiengesellschaft of
Saarbergwerke AG and Preussag Anthrazit GmbH (Case
No IV/ECSC.1252 — RAG/Saarbergwerke AG/Preussag
Anthrazit);

2. Orders the Commission to bear its own costs and to pay the
costs incurred by the applicant other than costs occasioned to
the applicant by the interventions of RAG Aktiengesellschaft
and the Federal Republic of Germany;

3. Orders RAG Aktiengesellschaft and the Federal Republic of

Germany to bear their own costs.

(1) OJ C 358 of 21.11.98.

in Case T-14/99: Marie-Jeanne Kraus v Commission of the
European Communities (1)

(Officials — Household allowance — Recovery of undue
payment — Manifest irregularity of the payment)

(2001/C 134/36)

(Language of the case: French)

the
In Case T-14/99: Marie-Jeanne Kraus, an official of
Commission of the European Communities, residing in Luxem-
bourg, represented by L. Thielen, of the Luxembourg Bar, with
an address for service in Luxembourg at the latter’s Chambers,
the European
10 Rue Willy Goergen, v Commission of
Communities (Agents: C. Berardis-Kayser, F. Clotuche-Duvieu-
sart and B. Wägenbaur) — application for annulment of the
Commission’s decision of 19 October 1998 requiring the
applicant to reimburse the household allowance received —
the Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, and V. Tiili and R.M. Moura Ramos,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
has given a judgment on 17 January 2001, in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 100 of 10.4.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 January 2001

in Joined Cases T-97/99 and T-99/99: Michel Chamier and
Eoghan O’Hannrachain v European Parliament (1)

(Officials — Grade A 1 post — Article 29(2) of the Staff
Regulations — Notice of vacancy — Manifest error of
assessment — Misuse of powers)

(2001/C 134/37)

(Language of the case: French)

In Joined Cases T-97/99 and T-99/99: Michel Chamier, an
official of the European Parliament, residing at Reckange-sur-
Mess (Luxembourg), and Eoghan O’Hannrachain, an official of
the European Parliament, residing at Cents (Luxembourg),
represented by G. Vandersanden and L. Levi, of the Brussels

C 134/18

EN

Official Journal of the European Communities

5.5.2001

(Agents:

Bar, with an address for service in Luxembourg at the offices
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v
J. Schoo, H. von Hertzen,
European Parliament
D. Moore and D. Waelbroeck) — application,
for
annulment of the decisions of the Parliament not to appoint the
applicants to the post of Director-General of the Directorate-
General for Finance and Financial Control and of the decision
appointing another candidate to that post and, second, for
damages — the Court of First Instance (Fifth Chamber),
composed of: R. Garcı´a-Valdecasas, President, and P. Lindh
and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment
on 16 January 2001, in which it:

first,

1. Dismisses the actions;

2. Orders the parties to bear their own costs.

— cultural activities; organisation and conducting of shows,
quizzes and musical events and conducting competitions
in the entertainment field, with a view to their broadcast-
ing either at a subsequent
time or live on radio or
television; production of television and radio advertising
broadcasts including associated prize game broadcasts;
organising competitions in the entertainment field; organ-
ising concerts, theatre events and variety shows, all falling
under Class 41;

— management and exploitation of copyright and industrial
property rights for others; technical consultancy in the
field of multimedia, interactive television and Pay TV (in
so far as included in Class 42); computer programming,
including video and computer games, all falling under
Class 42;

(1) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999.

2. Dismisses the appeal as to the remainder;

3. Orders the parties to bear their own costs.

(1) OJ C 246 of 28.8.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-135/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE ACTION — Absol-
ute grounds for refusal — Article 7(1)(c) of Regulation (EC)
No 40/94)

(2001/C 134/38)

(Language of the case: German)

In Case T-135/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
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 19 March 1999 (Case
R 98/98-3), concerning the registration of the term CINE
ACTION as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 19 March 1999 (Case R 98/98-3) in so far as it
concerns the following services:

— allocation and transfer of rights of access for users of
various communication networks, falling under Class 38;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-136/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term CINE COMEDY —
Absolute grounds for refusal — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2001/C 134/39)

(Language of the case: German)

In Case T-136/99: Taurus-Film GmbH & Co, established
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
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 19 March 1999 (Case
R 97/98-3), concerning the registration of the term CINE
COMEDY as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
for the Registrar, has given a judgment on 31 January 2001,
in which it: