Judgment of the Court of First Instance of 18 September 2003 in Case T-241/02: Daniel Callebaut v Commission of the European Communities (Officials — Article 45 of the Staff Regulations — Promotion — Comparative examination of merits)
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), assistant, equal treatment, promotion

C 304/26

EN

Official Journal of the European Union

13.12.2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 September 2003

in Case T-308/01: Henkel KGaA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Regulation (EC) No 40/94 and
Regulation (EC) No 2868/95 — Opposition procedure —
Genuine use of earlier mark — Scope of the examination
conducted by the Board of Appeal — Assessment of the
evidence produced in the procedure before the Opposition
Division)

(2003/C 304/46)

(Language of the case: English)

In Case T-308/01, Henkel KGaA, established in Düsseldorf
lawyer, with an
(Germany), represented by C. Osterrieth,
address for service in Luxembourg, v Office for Harmonisation
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agent: O. Waelbroeck), the other party to the proceedings
before the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) being: LHS (UK) Ltd, established in
Cheadle Hulme (United Kingdom): Appeal against the decision
of the Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 12 September
2001 (Case R-738/2000-3) concerning opposition proceed-
ings between Henkel KGaA and LHS (UK) Ltd, 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
23 September 2003, in which it:

1. Annuls the decision of the Third Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 September 2001 (Case R-738/2000-3);

2. Orders the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

(1) OJ C 68 of 16.3.2002.

of 14 October 2003

in Case T-174/02: Micole Wieme v Commission of the
European Communities (1)

(Officials — Vacancy notice — Assessment of the candi-
dates’ merits — Manifest error of assessment — Abuse of
power)

(2003/C 304/47)

(Language of the case: French)

In Case T-174/02: Micole Wieme, an official of the Com-
mission of the European Communities, represented by É. Boi-
gelot,
lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
J. Currall, H. Tserepa-Lacombe and D. Waelbroeck) — appli-
cation for annulment of the Commission Decision of 13 July
2001 rejecting the applicant’s application for the post of head
of unit ‘Legal affairs and control of enforcement of Community
provisions’ of the ‘General Matters’ Directorate of the Taxation
and Customs Union Directorate General — the Court of First
Instance (Fifth Chamber), composed of R. García-Valdecasas,
President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 14 October 2003, in which it:

1. Dismisses the action;

2. Order each party to bear its own costs.

(1) OJ C 180 of 27.7.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 September 2003

in Case T-241/02: Daniel Callebaut v Commission of the
European Communities (1)

(Officials — Article 45 of the Staff Regulations — Pro-
motion — Comparative examination of merits)

(2003/C 304/48)

(Language of the case: French)

In Case T-241/02: Daniel Callbaut, an official of the European
Communities, residing in Mondorf-les-Bains (Luxembourg),
represented by A. Coolen, J.-N. Louis and É. Marchal, lawyers,

13.12.2003

EN

Official Journal of the European Union

C 304/27

with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: C. Berardis-
Kayser and F. Clotuche-Duvieusart) — application for annul-
ment of the Commission’s decision refusing to enter the
applicant on the list of officials deemed most deserving of
promotion to Grade B 2 for the 2001 promotion procedure
and also the decision not to promote him — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
and J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, gave a
judgment on 18 September 2003, the operative part of which
is as follows:

1.

2.

The application is dismissed;

The parties shall bear their own costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

in Joined Cases T-346/02 and T-347/02, Cableuropa SA
and others v Commission of the European Communi-
ties (1)

(Competition — Control of concentrations between under-
takings — Regulation (EEC) No 4064/89 — Decision to
refer a concentration to the national authorities — Meaning
of distinct market)

(2003/C 304/49)

(Language of the case: Spanish)

In Joined Cases T-346/02 and T-347/02, Cableuropa SA,
established in Madrid (Spain), Región de Murcia de Cable SA,
established in Murcia (Spain), Valencia de Cable SA, established
in Madrid, Mediterránea Sur Sistemas de Cable SA, established
in Alicante (Spain), Mediterránea Norte Sistemas de Cable SA,
established in Castellón (Spain), represented by L. Castresana
Sánchez and G. Samaniego Bordiu, lawyers, with an address
for service in Luxembourg, Aunacable SA, established in
Madrid, represented by A. Creus Carreras and N. Lacalle
Mangas, lawyers, Sociedad Operadora de Telecomunicaciones
de Castilla y León (Retecal) SA, established in Boecilli (Spain),
Euskaltel SA, established in Zamudio-Bizkaia (Spain), Telecable
de Avilés SA, established in Avilés (Spain), Telecable de Ovieda
SA, established in Oviedo (Spain), Telecable de Gijón SA,
established in Gijón (Spain), R. Cable y Telecomunicaciones
Galicia SA, established in La Coruña (Spain), Tenaria SA,
established in Cordovilla (Spain), represented by J. Jiménez
Laiglesia, lawyer, v Commission of the European Communites
(agent: F. Castillo de la Torre), supported by Kingdom of Spain

(agent: L. Fraguas Gardea), Sogecable SA, established in Madrid,
represented by S. Martinez Lage and H. Brokelmann, lawyers,
DTS Distribuidora de Televisión Digital SA (Vía Digital),
established in Madrid, and Telefónica de Contenidos SAU,
established in Madrid, represented by M. Merola and S. Moreno
Sánchez,
lawyers, application for annulment of the Com-
mission decision of 14 August 2002 referring the examination
of the concentration integrating DTS Distribuidora de Tele-
visión Digital SA (Via Digital) and Sogecable SA to the Spanish
competition authorities in accordance with Article 9 of Council
Regulation (EEC) No 4064/89 of 21 December 1989 on the
control of concentrations between undertakings (Case COMP/
M.2845 — Sogecable/Canalsatélite Digital/Vía Digital), the
Court of Justice (Third Chamber), composed of A. Lenaerts,
President, and J. Azizi and M. Jaeger, judges: Registrar: J. Palacio
González, Principal Administrator, has delivered a judgment
on 30 September 2003 in which it:

(1)

Joins Cases T-346/02 and T-347/02 for the purposes of the
judgment;

(2) Dismisses the applications;

(3) Orders the applicants to bear their own costs and jointly and
severally to pay the costs of the Commission, Sogecable, Vía
Digital and Telefónica de Contenidos in connection with the
applicants’ actions;

(4) Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 19 of 24.1.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 17 September 2003

in Case T-310/97: Nederlandse Antillen v Council of the
European Union (1)

(Association of the overseas countries and territories —
Decision 97/803/EC — Action for annulment — Inadmissi-
bility)

(2003/C 304/50)

(Language of the case: English)

In Case T-310/97, Nederlandse Antillen, represented by
P.V.F. Bos and M. Slotboom, lawyers, with an address for
service in Luxembourg, v Council of the European Union
(Agents: J. Huber and G. Houttuin), supported by Commission
the European Communities (Agents: T. van Rijn and
of