Judgment of the Court of First Instance 7 February 2002 in Case T-211/00: Aldo Kuĳer v Council of the European Union (Transparency — Council Decision 93/731/EC on public access to Council documents — Refusal of an application for access — Protection of the public interest — International relations — Manifest error — Partial (access)
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: General Court (EU), access to information, action for annulment (EU), right of asylum, right to information, third country

C 109/44

EN

Official Journal of the European Communities

4.5.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-88/00: Mag Instrument Inc. v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Torch shape — Three-dimen-
sional mark — Absolute ground for refusal — Distinctive
character — Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 109/87)

(Language of the case: German)

In Case T-88/00, Mag Instrument Inc., established in Ontario
(United States of America), represented by A. Nette, W. von
der Osten-Sacken, H. Stratmann, G. Rahn and U. Hocke,
lawyers, with an address for service in Luxembourg v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM)
(agents: A. von Mühlendahl, E. Joly and
S. Bonne): Action brought against the decision of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 14 February
2000 (Cases R-237/1999-2 to R-241/1999-2) refusing regis-
tration of five three-dimensional trade marks consisting of
torch shapes, Court of First
Instance (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura
Ramos, Judges; D. Christensen, Administrator, Registrar, has
given a judgment on 7 February 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 163 of 10.6.2000.

represented by J.-N. Louis and V. Peere,
lawyers, with an
address for service in Luxembourg, against Commission of the
European Communities (Agent: J. Currall) — application for
annulment of the decision of the Commission of 8 October
1999 fixing, with effect from 16 January 1999, the applicant’s
definitive classification in Grade A 7, step 1 — the Court of
First Instance (Fourth Chamber), composed of M. Vilaras,
President, V. Tiili and P. Lindh, Judges; J. Palacio Gonza´lez,
Administrator, for the Registrar, gave a judgment on 31 Janu-
ary 2002, in which it:

1.

2.

annuls the decision of the Commission of 8 October 1999
fixing, with effect from 16 January 1999, the applicant’s
definitive classification in Grade A 7, step 1.

orders the Commission to pay the costs.

(1) OJ 2000 C 285.

JUDGMENT OF THE COURT OF FIRST INSTANCE

7 February 2002

in Case T-211/00: Aldo Kuijer v Council of the European
Union (1)

(Transparency — Council Decision 93/731/EC on public
access to Council documents — Refusal of an application for
access — Protection of the public interest — International
relations — Manifest error — Partial (access)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2002

(2002/C 109/89)

in Case T-206/00: Merja Hult v the Commission of the
European Communities (1)

(Language of the case: English)

(Officials — Classification — Statement of reasons —
Article 32 of the Staff Regulations — Commission decision
on the criteria applicable to appointment to grade and
classification in step on recruitment — Additional seniority
in grade — Conditions — Principle of legal certainty)

(2002/C 109/88)

(Language of the case: French)

In Case T-206/00: Merja Hult, an official of the Commission of
the European Communities, residing in Howald (Luxembourg),

In Case T-211/00, Aldo Kuijer, residing in Utrecht (Nether-
lands), represented by O.W. Brouwer and T. Janssens, lawyers,
with an address for service in Luxembourg, v Council of the
European Union (agents: M. Bauer and M. Bishop): Application
the Council’s decision notified to the
for annulment of
applicant by letter of 7 June 2000 refusing him access to
certain documents from the Centre for Information, Discussion
and Exchange on Asylum (‘CIREA’) which were requested
under Council Decision 93/731/EC of 20 December 1993 on
public access to Council documents (OJ 1993 L 340, p. 43),
Instance (Fourth Chamber), composed of:
Court of First

4.5.2002

EN

Official Journal of the European Communities

C 109/45

P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges;
J. Plingers, Administrator, Registrar, has given a judgment on
7 February 2002, in which it:

composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; J. Plingers, administrator, for the Registrar, gave a
judgment on 23 January 2002, in which it:

1. Annuls the Council’s decision of 5 June 2000 refusing the
applicant access to certain reports drawn up by the Centre for
Information, Discussion and Exchange on Asylum, to certain
reports of joint missions or reports of missions undertaken by
Member States sent to the Centre, and to information contained
in the list of persons responsible in the Member States for
asylum applications to which access is permitted in certain
Member States, with the exception of those persons’ telephone
and fax numbers;

2. Orders the Council to pay the applicant’s costs and to bear its

own costs.

(1) OJ C 316 of 4.11.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 January 2002

in Case T-237/00 Patrick Reynolds v European Parlia-
ment (1)

(Officials — Secondment in the interests of the service —
Article 38 of the Staff Regulations Po — litical group —
Early termination of secondment — Rights of the defence —
Non-contractual liability of the Community)

1. Annuls the decision of 18 July 2000 of the Secretary-General
of the Parliament terminating the applicant’s secondment in the
interests of
the service to the political group EDD and
reinstating him in the Directorate-General for Information and
Public relations with effect from 15 July 2000;

2. Orders the Parliament to pay the applicant a sum corresponding
to the difference between the remuneration which he should
have received as an official on secondment in Grade A2, Step 1,
and that which he received following his reinstatement in
Grade LA5, Step 3,
the period 15 July 2000 to
30 November 2000, plus default interest at the rate of 5,25 %
from the date on which the amounts making up the sum
referred to in paragraph 149 were payable until the date of
actual payment;

for

3. Declares the action for damages inadmissible in so far as the
applicant seeks compensation for the harm caused by the
conduct, not involving the taking of decisions, of the EDD
group and certain of its members;

4. Orders the Parliament to pay the applicant the sum of 1 euro
by way of symbolic damages for the non-pecuniary harm
sustained as a result of the adoption of the contested decision;

5. Orders the Parliament

to pay all

the costs of

the main

proceedings;

6. Orders the parties to bear their own costs in the interlocutory

proceedings.

(1) OJ C 302, 21.10.2000.

(2002/C 109/90)

ORDER OF THE COURT OF FIRST INSTANCE

(Language of the case: French)

of 11 December 2001

In Case T-237/00: Patrick Reynolds, an official of the European
Parliament, residing in Brussels, represented by P. Legros
lawyers, with an address for service in
and S. Rodrigues,
Luxembourg, against European Parliament (Agents: H. von
Hertzen and D. Moore) — application for, first, annulment of
the decision of 18 July 2000 of the Secretary-General of the
Parliament
terminating the applicant’s secondment in the
interests of the service to the political group ‘Europe of
Democracies and Diversities’ and reinstating him in the
directorate-General for Information and public Relations and,
second, damages in respect of the harm sustained by the
applicant as a result of the adoption of that decision by the
defendant and of the acts of the political group and certain of
its members — the Court of First Instance (Third Chamber),

in Case T-99/97: Willem Stols v Council of the European
Union (1)

(Officials — Application for reclassification in grade —
Objection of inadmissibility — Material new fact —
Admissibility)

(2002/C 109/91)

(Language of the case: French)

In Case T-99/97: Willem Stols, an official of the Council of the
European Union, residing at SE Halsteren (Netherlands),