Judgment of the Court of First Instance of 5 March 2003 in Case T-293/01: Donatella Ineichein v Commission of the European Communities (Temporary staff — Daily subsistence allowance — Place of recruitment — Evidence)
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), pay, recruitment, servant (EU)

24.5.2003

EN

Official Journal of the European Union

C 124/19

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 March 2003

in Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
Tsarnavas v Commission of the European Communities (1)

(Officials — Admissibility — Promotion — Consideration
of comparative merits of officials from different services)

(2003/C 124/32)

(Language of the case: French)

In Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
Tsarnavas, an official of the Commission of the European
Communities, residing in Brussels, represented by N. Lhoëst,
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: D. Martin)
— application for the annulment of the decisions of the
in the 1998,
Commission not to promote the applicant
1999 and 2000 promotions procedures — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
R.M. Moura Ramos and H. Legal, Judges; Blanca Pastor, Deputy
Registrar, gave a judgment on 19 March 2003, in which it:

1. Annuls the decisions of

to promote
the applicant in the 1998, 1999 and 2000 promotions
procedures;

the Commission not

of 5 March 2003

in Case T-273/01: Innova Privat-Akademie GmbH v Com-
mission of the European Communities (1)

(Community trade mark — Invalidity proceedings — ‘BSS’
— Article 51 of Regulation (EC) No 40/94 — Absolute
ground for refusal — Article 7(1)(d) of Regulation No 40/
94 — Distinctive character acquired through use — Articles
7(3) and 51(2) of Regulation No 40/94)

(2003/C 124/33)

(Language of the case: German)

In Case T-273/01: Alcon Inc, formerly Alcon Universal Ltd,
established in Hünenberg (Switzerland), represented by H.
Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Commission of
the European
Communities (Agents: M. de Pauw and B. Martenczuk: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) of 13 July 2001 (Case R 273/
2000-1), the Court of First Instance (Third Chamber), compo-
sed of: R.M. Moura Ramos, President,
J. Pirrung and
A.W.H. Meij, Judges, Registrar: J. Plingers, Administrator, has
given a judgment on 19 March 2003, in which it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Dismisses as inadmissible the application in Case T-190/01;

of 5 March 2003

3. Orders the Commission to pay the costs in Cases T-188/01

and T-189/01;

4. Orders the parties to bear their own costs in Case T-190/01.

( 1) OJ C 317 of 10.11.2001 and C 303 of 27.10.2001.

in Case T-293/01: Donatella Ineichein v Commission of
the European Communities (1)

(Temporary staff — Daily subsistence allowance — Place of
recruitment — Evidence)

(2003/C 124/34)

(Language of the case: French)

In Case T-293/01: Donatella Ineichein, member of the tempor-
ary staff of the Commission of the European Communities,
residing in Brussels, represented by M.-A. Lucas, lawyer, against

C 124/20

EN

Official Journal of the European Union

24.5.2003

Commission of the European Communities (Agent: J. Currall)
— application for, first, annulment of the decision of the
Commission of 29 July 2001 fixing the applicant’s place of
recruitment at Brussels and refusing to grant her the daily
subsistence allowance and, secondly, for an order requiring
the Commission to pay the applicant the amounts correspond-
ing to her entitlement stemming from her place of recruitment
being fixed at Rome — the Court of First Instance (Single-
judge Chamber); Blanca Pastor, Deputy Registrar, gave a
judgment on 5 March 2003, in which it:

2. Dismisses the remainder of the application as inadmissible.

3. Orders the Commission to bear, in addition to its own costs,

half of the costs incurred by the applicant.

4. Orders the applicant to bear half of his costs.

(1) OJ C 180, 27.7.2002.

1.

2.

dismisses the application;

orders the parties to bear their own costs.

ORDER OF THE COURT OF FIRST INSTANCE

( 1) OJ C 44 of 16.2.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 March 2003

in Case T-166/02: José Pedro Pessoa e Costa v Commission
of the European Communities (1)

(Officials — Decision to institute disciplinary proceedings
— Decision rejecting a request for transfer to the European
Monitoring Centre for Drugs and Drug Addiction)

(2003/C 124/35)

(Language of the case: French)

In Case T-166/02: José Pedro Pessoa e Costa, official of the
Commission of the European Communities, residing in Lisbon,
represented by J.N. Louis, E. Marchal and A. Coolen, lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: J. Currall, F.
Clotuche-Duvieusart and D. Waelbroeck) — application for
annulment, first, of the decision of the Commission of 3 July
2001 to institute disciplinary proceedings against the applicant
and, second, of its decision of 23 July 2001 rejecting the
request of the Director of the European Monitoring Centre for
Drugs and Drug Addiction that the applicant be transferred to
that body — the Court of First Instance (Third Chamber),
composed of K. Lenaerts, President, J. Azizi and M. Jaeger,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 13 March 2003 in which it:

of 20 March 2003

in Case T-76/94: Rendert Jansma v Council of the Euro-
pean Union and Commission of the European Communi-
ties (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producer having
entered into a non-marketing undertaking — Sale of the
SLOM holding — Limitation period — No need to adjudi-
cate)

(2003/C 124/36)

(Language of the case: Dutch)

In Case T-76/94: Rendert Jansma, residing in Engelbert (Nether-
lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-
horst, lawyers, with an address for service in Luxembourg,
against Council of the European Union (Agent: A.-M. Colaert)
and Commission of the European Communities (Agents: T. van
Rijn and H.-J. Rabe) — application for compensation under
Article 178 and the second paragraph of Article 215 of the EC
Treaty (now Article 235 EC and the second paragraph of
Article 288 EC) for damage suffered by the applicant as a
result of his having been prevented from marketing milk by
virtue of Council Regulation (EEC) No 857/84 of 31 March
1984 adopting general rules for the application of the levy
referred to in Article 5c of Regulation (EEC) No 804/68 in the
milk and milk products sector (OJ 1984 L 90, p. 13), as
supplemented by Commission Regulation (EEC) No 1371/84
of 16 May 1984 laying down detailed rules for the application
of the additional levy referred to in Article 5c of Regulation
(EEC) No 804/68 (OJ 1984 L 132, p. 11) — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
R.M. Moura Ramos and H. Legal, Judges; H. Jung, Registrar,
made an order on 20 March 2003, the operative part of which
is as follows:

1.

2.

There is no longer any need to adjudicate.

The defendant is to bear its own costs.

1. Annuls the decision of the Commission of 23 July 2001
rejecting the request of the Director of the European Monitoring
Centre for Drugs and Drug Addiction that the applicant be
transferred to that body.

(1) OJ 1994 C 90.