Judgment of the Court of First Instance of 7 November 2002 in Case T-199/01: G v Commission of the European Communities (Officials — Social security — Refusal to reimburse medical expenses — Inefficacious treatment)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), pharmaceutical product, retired person, social-security benefit

C 19/32

EN

Official Journal of the European Communities

25.1.2003

1. Dismisses the applications;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicant to pay the costs.

of 23 October 2002

( 1) OJ C 186 of 30.6.2001.

in Case T-104/01: Claudia Oberhauser v Office for Har-
monisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition — Earlier figurative
mark containing the term ‘miss fifties’ — Application for
Community word mark ‘Fifties’ — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2003/C 19/60)

of 26 November 2002

(Language of the case: German)

in Case T-103/01: Michael Cwik v Commission of the
European Communities (1)

(Officials — Reorganisation of the Commission’s adminis-
trative structures — Redeployment — Reasons — Interest
of the service — Misuse of power — Duty of care)

(2003/C 19/59)

(Language of the case: French)

In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, in the first place, for annulment of the Commission
decision transferring the applicant from the ‘Economic Infor-
mation, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the
‘Economic and Financial Affairs’ Directorate-General, and,
second,
for compensation — the Court of First Instance
(Second Chamber), composed of: R.M. Moura Ramos, Presi-
dent,
Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
26 November 2002, the operative part of which is as follows:

J. Pirrung and A.W.H. Meij,

1.

2.

The application is dismissed;

The parties shall bear their own costs.

( 1) OJ C 227 of 11.08.2001.

In Case T-104/01, Claudia Oberhauser, established in Munich
(Germany), represented by M. Graf,
lawyer, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: G. Schneider), the other party to the
proceedings before the Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) being Petit Liberto, SA, established in Vidreres (Spain):
Action brought against the decision of the Second Chamber
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 28 February
2001 (Case R 757/1999-2), the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 23 October 2002, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 November 2002

in Case T-199/01: G v Commission of the European
Communities (1)

(Officials — Social security — Refusal to reimburse medical
expenses — Inefficacious treatment)

(2003/C 19/61)

(Language of the case: French)

In Case T-199/01: G, an official of the Commission of the
European Communities, residing in Ispra (Italy), represented by

25.1.2003

EN

Official Journal of the European Communities

C 19/33

O. Slusny, lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
J. Currall) — application for the annulment of the implied
rejection of the complaint lodged by the applicant against the
decision of
the office responsible for settling claims of
30 November 2000 refusing to reimburse expenses relating to
medicinal preparations prescribed by the doctor providing
treatment — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, gave a
judgment on 7 November 2002, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

( 1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 November 2002

in Case T-205/01: André Ronsse v Commission of the
European Communities (1)

(Officials — Remuneration — Household allowance —
Recovery of sum overpaid)

(2003/C 19/62)

(Language of the case: French)

In Case T-205/01: André Ronsse, an official of the Commission
of the European Communities, residing in Brussels, represented
by E. Boigelot, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: J. Currall, F. Clotuche-Duvieusart and B. Wägenbaur)
— application for, first, annulment of the decisions of the
Commission contained in letters of 9 and 23 November 2000
and in so far as necessary in the letter of 15 January 2002 and
the implied rejection of his complaint lodged on 8 February
2001, all relating to repayment of EUR 22 443,07 correspond-
ing to the household allowance paid to the applicant from
1 January 1994 to 1 November 2000 and, secondly, reim-
bursement of the amounts withheld from his pension since
December 2000, together with interest at the statutory rate —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
J. Palacio González, Administrator, for the Registrar, gave a
judgment on 5 November 2002, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 November 2002

in Case T-271/01: José Manuel López Cejudo v Com-
mission of the European Communities (1)

(Officials — Remuneration — Dependent child and edu-
cation allowances paid to the parent awarded custody of the
child — Refusal to grant the other parent payment of the
allowances for the purpose of calculating tax rebate and
expatriation allowance — Default interest)

(2003/C 19/63)

(Language of the case: French)

In Case T-271/01: José Manuel López Cejudo, an official
working for the Commission of the European Communities,
residing in Brussels, represented by G. Vandersanden and
L. Levi, avocats, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
J. Currall) — First an application for annulment of the decision
of the Commission refusing to grant to the applicant, in
respect of the period running from October 2000 to July
2001, the dependent child and education allowances for the
purpose of calculating tax abatement and the expatriation
allowance and, second, a claim for default interest on the
amounts improperly recovered or not paid — the Court of
First Instance (Second Chamber), composed of R.M. Moura
Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Pling-
ers, Administrator, for the Registrar, gave a judgment on
12 November 2002, in which it:

1.

the Commission, as evidenced by
annuls the decision of
the applicant’s salary slip for October 2000, refusing him
entitlement to dependent child and education allowances to take
into account for purposes of tax abatement and expatriation
allowance since July 1999, as amended by the Commission’s
decision of 16 July 2001, insofar as the latter decision takes
account of
to the
allowances in issue and of the benefits under them only in
respect of the future.

the apportionment of

the entitlement

2.

orders the Commission to pay to the applicant:

— default interest, as from November 2000, on the capital
amount of EUR 1 193,85 and, for each month from
2001,
December
EUR 1 200 each month until those capital amounts are
repaid to him;

September

2000

until

and