Judgment of the Court of First Instance of 9 July 2003 in Case T-22/01 Petros Efthymiou v Commission of the European Communities (Officials — Repayment of mission expenses — Business class air travel)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, fine, regulations for civil servants

6.9.2003

EN

Official Journal of the European Union

C 213/29

2. Dismisses the remainder of the application;

3. Orders Daesang Corp. and Sewon Europe GmbH to bear their
own costs and, jointly and severally, to pay two thirds of the
Commission’s costs and orders the Commission to bear one
third of its own costs.

( 1) OJ C 316 of 4.11.2000.

Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M.
Judges; Registrar: D. Christensen,
Administrator, has given a judgment on 8 July 2003, in which
it:

Jaeger,

1. Declared the application to be inadmissible in so far as it seeks
annulment of Decision COMP/ECSC.1336 of 14 September
2000;

2. Declared the application to be admissible but unfounded in so
far as it seeks annulment of Decision COMP/M.2045 of
5 September 2000;

3. Ordered the applicants to bear their own costs and to pay
those incurred by the Commission and by Salzgitter and
Mannesmann.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ No C 61 of 24.2.01.

of 8 July 2003

in Case T-374/00: Verband der freien Rohrwerke eV and
Others v Commission of the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(Control of concentrations — Concentration covered partly
by the ECSC Treaty and partly by the EC Treaty — Decision
to authorise on the basis of Article 66(2) CS — Decision
declaring compatibility with the common market on the basis
of Article 6(1)(b) of Regulation (EEC) No 4064/89 —
Conditions for admissibility under the ECSC Treaty and the
EC Treaty — Relationship between the rules on control of
concentrations laid down in the ECSC Treaty and the EC
Treaty — Duty to state reasons — Erroneous assessment)

(2003/C 213/55)

(Language of the case: German)

In Case T-374/00: Verband der freien Rohrwerke eV, estab-
lished in Düsseldorf
(Germany), Eisen- und Metallwerke
Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany),
Rudolf Flender GmbH & Co. KG, established in Siegen
(Germany), represented by H. Hellmann, lawyer, against Com-
mission of the European Communities (Agents: W. Mölls and
W. Wils), supported by Mannesmann AG, established in
Düsseldorf, represented by K. Moosecker and P. Niggemann,
lawyers, and by Salzgitter AG, established in Salzgitter
(Germany), represented by J. Sedemund and T. Lübbig, lawyers
— application for annulment of Decision COMP/M.2045
of 5 September 2000 and Decision COMP/ECSC.1336 of
14 September 2000, by which the Commission authorised, on
the basis of, respectively, Article 6(1)(b) of Regulation (EEC)
No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter
of control of Mannesmannröhren-Werke — the Court of First

of 9 July 2003

in Case T-22/01 Petros Efthymiou v Commission of the
European Communities (1)

(Officials — Repayment of mission expenses — Business
class air travel)

(2003/C 213/56)

(Language of the case: French)

In Case T-22/01 Petros Efthymiou, an official of the Com-
mission of the European Communities, residing in Luxem-
bourg, represented by J.-N. Louis and V. Peere, avocats, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: C. Berardis-Kayser and
H. Tserepa-Lacombe), — application for annulment of the
Commission’s decision of 24 March 2000 making three
‘supplementary amendments’ to mission expense accounts and
in
charging to the applicant
addition, a request that the Commission should be ordered to
repay to the applicant
the amounts deducted from his
remuneration by way of sums overclaimed, — the Court of
First Instance (Fourth Chamber), composed of V. Tiili, Presi-
dent, and P. Mengozzi and M. Vilaras, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
9 July 2003, in which it:

the sums overclaimed and,

1. Annuls the Commission’s decision of 24 March 2003 making
three ‘supplementary amendments’ to mission expense accounts
and charging to the applicant the sums overclaimed inasmuch

C 213/30

EN

Official Journal of the European Union

6.9.2003

as it charges to the applicant, for the mission to the Hague of
12 to 18 August 1999, a sum overclaimed in respect of air
travel costs of BEF 1 921 instead of BEF 1 291;

President, and P. Mengozzi and M. Vilaras, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
25 June 2003, in which it:

2. Orders the defendant to repay to the applicant the sum of
EUR 15,62 together with interest to run from 26 June 2000,
at the rate fixed by the European Central Bank for principal
refinancing operations applicable for the period in question,
increased by two points;

1. Dismisses the application;

2. Orders the parties to bear their own costs.

3. Dismisses the remainder of the application;

(1) OJ No C 150 of 19 May 2001.

4. Orders the defendant to bear its own costs and to pay one-sixth

of those incurred by the applicant.

( 1) OJ No C 79 of 10 March 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 July 2003

in Case T-122/01: Best Buy Concepts Inc. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Figurative mark containing the
word mark ‘best buy’ — Absolute ground for refusal —
Distinctive character — Article 7(1)(b) of Regulation (EC)
No 40/94)

(2003/C 213/58)

(Language of the case: German)

In Case T-122/01, Best Buy Concepts Inc., established in Eden
Prairie, Minnesota (United States), represented by S. Rojahn,
lawyer, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agent: G. Schneider):
Application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 21 March 2001 (Case
R 44/2000-3) concerning an application for registration of a
figurative mark containing the word mark ‘best buy’ as a
Community trade mark, the Court of First Instance (Second
Chamber), composed of: N.J. Forwood, President, J. Pirrung
and A.W.H. Meij, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 3 July 2003, in which
it:

1. Dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 June 2003

in Case T-72/01 Norman Pyres v Commission of the
European Communities (1)

(Officials — Internal competition — Exclusion from the oral
test)

(2003/C 213/57)

(Language of the case: French)

In Case T-72/01 Norman Pyres, a former member of the
temporary staff, residing in Brussels (Belgium), represented by
G. Vandersanden and L. Levi, avocats, against the Commission
of the European Communities (Agent: J. Currall) — application
for annulment of the decision of
the Selection Board in
competition COM/TA/99 excluding the applicant from the
oral test in the competition and of all subsequent operations
and acts in the competition and, additionally, a claim for
damages for the loss allegedly suffered by the applicant — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,