Judgment of the Court of First Instance of 13 February 2003 in Case T-333/01: Karl L. Meyer v Commission of the European Communities (OCT — Action for damages — Duty of publication and control — Causal link)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: Council of the European Union, EU control, European Commission, French Polynesia, action for annulment (EU), aid system, farmer

C 101/32

EN

Official Journal of the European Union

26.4.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 February 2003

in Case T-7/01: Norman Pyres v Commission of the
European Communities (1)

(Member of the temporary staff — Extension of contract —
Term)

(2003/C 101/56)

(Language of the case: English)

former member of

the
In Case T-7/01, Norman Pyres,
temporary staff of the Commission of the European Communi-
ties, residing in Brussels (Belgium), represented by G. Vander-
sanden and L. Levi, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agent: J. Currall): Application for annulment of the Com-
mission’s decision to extend the applicant’s temporary staff
contract for a term limited to six months, the Court of First
Instance (P. Mengozzi, Single Judge); J. Plingers, Administrator,
for the Registrar, has given a judgment on 6 February 2003,
in which it:

1. Dismisses the action;

2. Orders each party to bear its own costs.

( 1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 January 2003

in Case T-99/01: Mystery drinks GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition procedure — Earlier
national trade mark Mixery — Application for Community
word mark MYSTERY — Proof of use of earlier mark —
Relative ground for refusal — Article 8(1)(b) of Regulation
No 40/94)

(2003/C 101/57)

(Language of the case: German)

In Case T-99/01, Mystery drinks GmbH, in judicial liquidation,
established in Eppertshausen (Germany), represented by T. Je-
staedt, V. von Bomhard and A. Renck, lawyers, v Office for

Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. von Mühlendahl, B. Weggenmann
and C. Røhl Søberg), the intervener before the Court of First
Instance being Karlsberg Brauerei KG Weber, established in
Homburg (Germany), represented by R. Lange: Action brought
against the decision of the Third Chamber Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 12 February 2001 (Case R 251/2000-
3), concerning the registration of the sign MYSTERY as a
Community trade mark, which was opposed by the national
trade mark Mixery,
the Court of First Instance (Second
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
rung and A.W.H. Meij,
Judges, Registrar: D. Christensen,
Administrator, has given a judgment on 15 January 2003, in
which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 February 2003

in Case T-333/01: Karl L. Meyer v Commission of the
European Communities (1)

(OCT — Action for damages — Duty of publication and
control — Causal link)

(2003/C 101/58)

(Language of the case: French)

In Case T-333/01, Karl L. Meyer, residing at Uturoa (French
Polynesia), represented by J.-D. des Arcis, lawyer, with an
address for service in Luxembourg, v Commission of the
European Communities (Agents: M.-J. Jonczy and B. Mar-
tenczuk): Application for compensation for damage allegedly
suffered by the applicant because of alleged maladministration
by the Commission in the application of decisions on the
association of the overseas countries and territories, the Court
of First Instance (Third Chamber), composed of: K. Lenaerts,

26.4.2003

EN

Official Journal of the European Union

C 101/33

President, J. Azizi and M. Jaeger, Judges; B. Pastor, Deputy
Registrar, has given a judgment on 13 February 2003,
in
which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 September 2002

1. Dismisses the action;

2. Orders the applicant to pay the costs.

( 1) OJ C 68 of 16.3.2002.

in Case T-211/02: Tideland Signal Limited v Commission
of the European Communities (1)

(Public procurement — Rejection of tender — Failure to
exercise power to seek clarification of tender — Action for
annulment — Expedited procedure)

(2003/C 101/60)

(Language of the case: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 February 2003

in Case T-30/02: Wolfgang Leonhardt v European Parlia-
ment (1)

(Officials — Reports — Promotion — Amendment to the
rules — Transitional measures)

(2003/C 101/59)

In Case T-211/02: Tideland Signal Limited, of which the
registered office is in Redhill, Surrey (United Kingdom),
represented by C Thomas and C Kennedy-Loest, Solicitors,
against Commission of the European Communities (Agent: J
Forman) — application for annulment of the Commission
decision of 17 June 2002 rejecting the applicant’s tender
in procurement procedure EuropeAid/112336/C/S/WW —
TACIS — (Re-tender) — the Court of First Instance (First
Chamber), composed of B. Vesterdorf, President, N.J. Forwood
and H. Legal,
for the
Registrar, has given a judgment on 27 September 2002, in
which it:

J. Plingers, Administrator,

Judges;

1. Annuls the Commission decision of 17 June 2002 rejecting the
tender submitted by Tideland Signal Limited for Lot 1 in the
tender procedure for EuropeAid/112336/C/S/WW — TACIS
— (Re-tender);

(Language of the case: French)

2. Orders the Commission to pay the costs.

(1) OJ C 219 of 14.9.2002.

In Case T-30/02: Wolfgang Leonhardt, an official of the
European Parliament, residing in La Hulpe (Belgium), rep-
resented by H. Tagaras, avocat, against European Parliament
(Agents: H. von Hertzen and D. Moore) — application for
annulment of the Parliament’s decision of 11 June 2001
resetting at zero the tally of promotion points held by the
applicant on 1 January 2000 — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, R.M. Moura
Ramos and H. Legal, Judges; D. Christensen, Administrator,
for the Registrar, has given a judgment on 11 February 2003,
the operative part of which is as follows:

ORDER OF THE COURT OF FIRST INSTANCE

of 13 December 2002

in Case T-81/01: Marc Oscar Henri Verdoodt and Ingrid
Edmondus Malvina Rademakers-Verdoodt v Commission
of the European Communities (1)

1.

The Parliament’s decision of 11 June 2001 resetting at zero
the tally of promotion points held by Mr Leonhardt on
1 January 2000 is annulled.

(Action for annulment — Action becoming devoid of purpose
— No need to adjudicate — Award of costs)

2.

The Parliament shall bear the costs.

( 1) OJ C 109 of 4.5.2002.

(2003/C 101/61)

(Language of the case: Dutch)

In Case T-81/01: Marc Oscar Henri Verdoodt and Ingrid
Edmondus Malvina Rademakers-Verdoodt, living in Schoten