Judgment of the Court of First Instance of 28 March 2001 in Case T-144/99 Institute of Professional Representatives before the European Patent Office v Commission of the European Communities (Competition — Article 85 of the EC Treaty (now Article 81 EC) — Professional code of conduct — Ban on comparative advertising — Supply of services)
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, European Patent Office, action for annulment (EU), advertising malpractice, professional ethics, restriction on competition

C 227/16

EN

Official Journal of the European Communities

11.8.2001

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 24 April 2001

of 24 April 2001

in Case T-37/99: Ugo Miranda v Commission of the
European Communities (1)

in Case T-159/98: Ivan Torre and Others v Commission
of the European Communities (1)

(Officials — Resettlement allowance — Meaning of resi-
dence)

(Officials — Competition — Irregularity in the manner in
which the tests were conducted, such as to distort the results
— Legal interest in bringing proceedings)

(2001/C 227/30)

(Language of the case: Italian)

(2001/C 227/29)

(Language of the case: French)

first, of

In Case T-159/98: Ivan Torre, residing in Brussels, Donatella
Ineichen, residing in Brussels, Allessandro Cavallaro, residing
in Rome, represented by M.-A. Lucas, avocat, with an address
for service in Luxembourg, v Commission of the European
Communities (Agents: J. Currall and C. Berardis-Kayser) —
application for annulment,
the
selection board in competition EUR/A/123 awarding the
applicants a mark eliminating them from the initial pre-
selection test and, second, of the subsequent steps taken in
that competition, in so far as may be necessary in order to
restore the applicants’ rights — the Court of First Instance
(Fourth Chamber), composed of: P. Mengozzi, President,
and V. Tiili and R.M. Moura Ramos,
Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
24 April 2001, in which it:

the decisions of

1. Declares that there is no longer any need to adjudicate on the
present action in so far as concerns Mr Torre and Mr Cavallaro;

2. Dismisses the action in so far as concerns Ms Ineichen;

3. Orders the Commission to pay the costs.

(1) OJ C 378 of 5.12.1998.

In Case T-37/99: Ugo Miranda, an official of the Commission
of the European Communities, residing in Brussels, represented
by L. Radicati di Brozolo, lawyer, with an address for service
in Luxembourg, against Commission of the European Commu-
nities (Agents: G. Valsesia and A. Dal Ferro) — application for
annulment of the decision of the Commission of 7 May 1998,
relating to the recovery of the resettlement allowance paid to
the applicant by virtue of Article 6 of Annex VII to the Staff
Regulations — the Court of First Instance (Single Judge:
P. Mengozzi);
for the
Registrar, gave a judgment on 24 April 2001, in which it:

J. Palacio Gonza´lez, Administrator,

1.

2.

dismisses the application;

orders each of the parties to bear their own costs.

(1) OJ C 121 of 1.5.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 March 2001

in Case T-144/99 Institute of Professional Representatives
before the European Patent Office v Commission of the
European Communities (1)

the EC Treaty (now
(Competition — Article 85 of
Article 81 EC) — Professional code of conduct — Ban on
comparative advertising — Supply of services)

(2001/C 227/31)

(Language of the case: French)

In Case T-144/99, Institute of Professional Representatives
before the European Patent Office, established in Munich

11.8.2001

EN

Official Journal of the European Communities

C 227/17

(Germany), represented by R. Collin and M.-C. Mitchell,
Avocats, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: E. Gippini
Fournier) — application for annulment of Commission
Decision 1999/267/EC of 7 April 1999 relating to a proceed-
ing pursuant to Article 85 of the EC Treaty (IV/36.147 EPI
code of conduct) (OJ 1999 L 106, p. 14) — the Court of
First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung,
Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
28 March 2001, in which it:

1. Annuls Article 1 of Commission Decision 1999/267/EC of
7 April 1999 relating to a proceeding pursuant to Article 85
of the EC Treaty (IV/36.147 EPI Code of Conduct) in so far as
it concerns Article 2(b)(3) and Article 5(c) of the Code of
Conduct of the Institute of Professional Representatives before
the European Patent Office;

2. Dismisses the remainder of the application;

3. Orders the parties to bear their own costs, including those

incurred in the interlocutory procedure.

(1) OJ C 281 of 2.10.99.

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 135 of 13.5.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 April 2001

in Case T-87/00 Bank für Arbeit und Wirtschaft AG v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (1)

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

(2001/C 227/33)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Language of the case: German)

of 3 May 2001

in Case T-60/00: Paraskevi Liaskou v Council of the
European Union (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations)

(2001/C 227/32)

(Language of the case: French)

first,

In Case T-60/00: Paraskevi Liaskou, an official of the Council
of the European Union, residing in Brussels, represented by
E. Boigelot, avocat, with an address for service in Luxembourg,
v Council of the European Union (Agents: F. Anton and
the
D. Zahariou) — application,
for annulment of
Council’s decision of 5 July 1999 refusing to grant
the
applicant the expatriation allowance provided for in Article 4
of Annex VII to the Staff Regulations and, second, for payment
of that allowance together with default interest — the Court
of First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, and V. Tiili and R.M. Moura Ramos, Judges; B. Pastor,
Principal Administrator, for the Registrar, has given a judgment
on 3 May 2001, in which it:

In Case T-87/00 Bank für Arbeit und Wirtschaft AG, estab-
lished in Vienna (Austria), represented by G. Kucsko, Rechtsan-
walt, with an address for service in Luxembourg, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs)
(OHIM) (Agents: A. von Mühlendahl, J.F. Crespo
Carrillo and S. Laitinen) — application for annulment of the
decision of the Third Board of Appeal of the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) of 31 January 2000 (Case R 316/1999-3), refusing
registration of the term EASYBANK as a Community trade
mark — the Court of First
Instance (Second Chamber),
composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 5 April 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 31 January 2000 (Case R 316/1999-3);

2. Orders the defendant to pay the costs.

(1) OJ C 163 of 10.6.00.