Judgment of the Court of First Instance of 12 December 2002 in Case T-378/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrator, promotion

22.2.2003

EN

Official Journal of the European Union

C 44/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-249/00: Paul Edwin Hoyer v Commission of the
European Communities (1)

(Members of the temporary staff — Termination of contract
— Calculation of notice — Leave not taken)

(2003/C 44/45)

(Language of the case: Dutch)

In Case T-249/00: Paul Edwin Hoyer, a former member of
the temporary staff of the Commission of the European
Communities, residing in Hoeilaart (Belgium), represented by
G. van der Wal,
lawyer, with an address for service in
Luxembourg, against the Commission of the European Com-
munities (Agents: initially G. Valsesia and C. Van der Hauwaert,
and subsequently F. Clotuche-Duvieusart and H.M.H. Speyart)
— application for
the Commission’s
the annulment of
decisions of 14 June 2000 concerning the calculation of the
final date of notice when the applicant’s contract as a member
of the temporary staff was terminated (Decision No R/78/
2000) and determining the number of days’ leave not taken
when he left (Decision No R/26/2000 — the Court of First
Instance (Fourth Chamber), composed of: M. Vilaras, President,
V. Tiili and P. Mengozzi, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 5 Decem-
ber 2002, the operative part of which is as follows:

1.

2.

The application is dismissed.

The parties will bear their own costs.

( 1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Joined Cases T-338/00 and T-376/00: Carmelo Morello
v Commission of the European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/46)

(Language of the case: French)

residing in Brussels, represented by J. Sambon and P.-P. Van
Gehuchten, Lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: C. Berardis-Kayser and D. Waelbroeck) — application
for annulment of the Commission’s decision not to appoint
the applicant to the post of Head of Unit 2 ‘Motor vehicles and
other means of transport’ within Directorate F ‘Consumer
goods and capital goods industries’ within the Directorate-
General for Competition (COM/113/99) and of its decision to
appoint a different applicant to the post and an application for
damages — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, and K. Lenaerts and J. Azzizi,
Judges; J. Palacio González, Principal Administrator, for the
Registrar, gave a judgment on 12 December 2002, in which it:

1.

Joined Cases T-338/00 and T-376/00;

2. Dismissed the action in Case T-376/00 as inadmissible;

3.

In case T-338/00 ordered the Commission to pay the applicant
the sum of EUR 2 500;

4. Dismissed the remainder of the action in Case T-338/00;

5. Ordered each of the parties in Case T-376/00 to bear their

own costs;

6. Ordered the Commission to bear the costs in Case T-338/00.

(1) OJ C 372 of 23.12.2000 and C 61 of 24.2.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Case T-378/00: Carmelo Morello v Commission of the
European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/47)

(Language of the case: French)

In Joined Cases T-338/00 and T-376/00: Carmelo Morello, an
official of the Commission of the European Communities,

In Case T-378/00: Carmelo Morello, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,

C 44/26

EN

Official Journal of the European Union

22.2.2003

with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: C. Berardis-
Kayser and D. Waelbroeck) — application for annulment of
the Commission’s decision not to appoint the applicant to the
post of Head of Unit 3 ‘Distributive trade and other services’
within Directorate D ‘Services’ within the Directorate-General
for Competition (COM/001/00) and of its decision to appoint
a different applicant to the post and an application for damages
— the Court of First Instance (Third Chamber), composed of
M. Jaeger, President, and K. Lenaerts and J. Azzizi, Judges;
J. Palacio González, Principal Administrator, for the Registrar,
gave a judgment on 12 December 2002, in which it:

1. Annulled the Commission’s decisions of 4 March 2000
appointing Mrs Evans
to the post of Head of Unit 3
‘Distributive trade and other services’ within Directorate D
‘Services’ within the Directorate-General for Competition and
dismissing the applicant’s application for that post;

2. Ordered the Commission to pay the applicant EUR 2 500;

3. Dismissed the remainder of the action;

4. Ordered the Commission to pay the costs.

( 1) OJ C 45 of 10.2.2001.

the other party before the Court being Richard John Harrison,
of Doncaster, South Yorkshire (United Kingdom), represented
by M. Edenborough, Barrister, and S. Pilling, Solicitor: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 4 December 2000 (Case R 116/2000-
1), the Court of First Instance (Fourth Chamber), composed of:
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Plin-
gers, Administrator, for the Registrar, has given a judgment on
12 December 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 150 of 19.5.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 November 2002

in Case T-40/01: Scan Office Design SA v Commission of
the European Communities (1)

(Public procurement — Supply of office furniture — Actions
for damages)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

(2003/C 44/49)

(Language of the case: French)

in Case T-39/01: Kabushiki Kaisha Fernandes v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
word mark HIWATT — Application for Community word
mark HIWATT — Proof of genuine use of earlier mark —
Article 43(2) and (3) of Regulation (EC) No 40/94 and Rule
22 of Regulation (EC) No 2868/95)

(2003/C 44/48)

In Case T-40/01: Scan Office Design SA, a company established
in Brussels, represented by B. Mertens and C. Steyaert, Lawyers,
against Commission of the European Communities (Agents:
L. Parpala and D. Martin) — application for compensation of
damages allegedly sustained by the applicant as a result of the
Commission’s decision to award to a third party the contract
which was the subject of its call for tenders No 96/31/IX.C1
for the supply of office furniture — the Court of First Instance
(Third Chamber), composed of M.
Jaeger, President, and
K. Lenaerts and J. Azizi, Judges; J. Palacio González, Adminis-
trator, for the Registrar, gave a judgment on 28 December
2002, in which it:

(Language of the case: English)

1. Dismissed the action;

In Case T-39/01, Kabushiki Kaisha Fernandes, established in
Tokyo (Japan), represented by R. Hacon, N. Phillips and
I. Wood, lawyers, v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),

2. Ordered the Commission to pay the costs.

(1) OJ C 150 of 19.5.2001.