Judgment of the Court of First Instance of 22 October 2003 in Case T-311/01: Les Éditions Albert René v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier Community trade mark ASTERIX — Application for a Community figurative mark containing the word "starix" — Relative grounds for refusal — Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU)

10.1.2004

EN

Official Journal of the European Union

C 7/33

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 October 2003

in Case T-311/01: Les Éditions Albert René v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings —
Earlier Community trade mark ASTERIX — Application for
a Community figurative mark containing the word ‘starix’
— Relative grounds for refusal — Article 8(1)(b) and 8(5)
of Regulation (EC) No 40/94)

Senningerberg (Luxembourg), represented by G. Bouneou and
F. Frabetti, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agent:
D. Martin) — application, first, for annulment of the Com-
mission’s decisions partially rejecting the applicant’s com-
plaints seeking damages to compensate her for the non-
material damage caused by the delay in the preparation of the
Staff Reports concerning her for the periods 1993/1995,
1995/1997 and 1997/1999 and, secondly, for damages to
compensate her for that non-material damage — the Court of
First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
for the Registrar, has given a judgment on 23 October 2003,
in which it:

(2004/C 7/59)

(Language of the case: German)

1. Orders the Commission to pay the applicant

the sum of
EUR 2 500, in addition to the sum of EUR 1 500 already
awarded by the Appointing Authority.

In Case T-311/01, Les Éditions Albert René, established in
Paris (France), represented by J. Pagenberg, avocat, v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneid-
er), the other party to the proceedings before the Board of
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) being: Trucco sistemi di
telecomunicazione SpA, established in Milan (Italy), APPEAL
against the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 2 October 2001 (Case R 1030/2000-1),
the Court of First
Instance (Fourth Chamber), composed
of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 22 October 2003, in which it:

1. Dismisses the action.

2. Orders the applicant to pay the costs.

(1) OJ C 56 of 2.3.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

in Case T-24/02: Maddalena Lebedef-Caponi v Com-
mission of the European Communities (1)

(Officials — Staff report — Late preparation — Action for
compensation)

(2004/C 7/60)

(Language of the case: French)

In Case T-24/02: Maddalena Lebedef-Caponi, an official of
the Commission of the European Communities, residing in

2. Dismisses the remainder of the action.

3. Orders the Commission to pay the costs.

(1) OJ C 109 of 4.5.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

in Case T-25/02: Michel Sautelet v Commission of the
European Communities (1)

(Officials — Staff report — Late preparation — Action for
compensation)

(2004/C 7/61)

(Language of the case: French)

In Case T-25/02: Michel Sautelet, an official of the Commission
of the European Communities, residing in Luxembourg (Lux-
embourg), represented by G. Bouneou and F. Frabetti, lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: J. Currall and
C. Berardis-Kayser) — application, first, for annulment of
the Commission’s decisions partially rejecting the applicant’s
complaints seeking damages to compensate him for the non-
material damage caused by the delay in the preparation of the
staff reports concerning him for the periods 1993/1995,
1995/1997 and 1997/1999 and, secondly, for damages to
compensate him for that non-material damage — the Court of
First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
for the Registrar, has given a judgment on 23 October 2002,
in which it: