Judgment of the Court of First Instance of 23 October 2003 in Case T-25/02: Michel Sautelet v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), damages, indemnification, staff assessment

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:

C 7/34

EN

Official Journal of the European Union

10.1.2004

1. Orders the Commission to pay the applicant

the sum of
EUR 3 000, in addition to the sum of EUR 1 500 already
awarded by the Appointing Authority.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

2. Dismisses the remainder of the action.

3. Orders the Commission to pay the costs.

(1) OJ C 118 of 18.5.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 October 2003

in Case T-392/02: Solvay Pharmaceuticals BV v Council of
the European Union (1)

(Directive 70/524/EEC — Community authorisation, linked
to the person responsible for putting into circulation, of an
additive in animal feedingstuff — Transitional rules —
Withdrawal of the authorisation — Action for annulment —
Admissibility — Conditions for withdrawal — Precautionary
principle — Principles of equal treatment, legal certainty,
sound administration and good faith)

(2004/C 7/62)

(Language of the case: French)

In Case T-392/02: Solvay Pharmaceuticals BV, established in
Weesp (Netherlands), represented by C. Meijer, F. Herbert and
M. L. Struys, lawyers, with an address for service in Luxem-
bourg, against Council of the European Union (Agents: M. Balta
and M. Ruggery Laderchi), supported by Commission of the
European Communities (Agent: A. Bordes), application for the
annulment of Council Regulation (EC) No 1756/2002 of
23 September 2002 amending Directive 70/524/EEC concern-
ing additives in feedingstuffs as regards withdrawal of the
authorisation of an additive and amending Commission Regu-
lation (EC) No 2430/1999 (OJ 2002 L 265, p. 1) — the
Court of First
Instance (Second Chamber), composed of
N. J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, gave a judgment on 21 October 2003, in
which it:

1. Dismisses the application.

2. Orders the applicant to bear his own costs and pay those
including those incurred in the

incurred by the Council,
interlocutory proceedings.

3. Orders the Commission to bear its own costs, including those

incurred in the interlocutory proceedings.

(1) OJ C 55 of 8.3.2003.

of 9 July 2003

in Case T-288/02 R: Asian Institute of Technology (AIT) v
Commission of the European Communities

(Procedure for interim relief — Urgency — None)

(2004/C 7/63)

(Language of the case: French)

In Case T-288/02 R: Asian Institute of Technology (AIT),
established in Pathumthani (Thailand), represented by H. Teis-
siers du Cros, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: P.-J. Kuijper and B. Schöfer) — application for
suspension of operation of the decision of the Commission of
22 February 2002 to conclude a research contract with the
Center for Energy-Environment Research and Development —
the President of the Court of First Instance made an order on
9 July 2002, the operative part of which is as follows:

1.

2.

The application for interim relief is dismissed.

Costs are reserved.

Action brought on 8 October 2003 by Deutsche Post
AG and Securicor Omega Express Limited against the
Commission of the European Communities

(Case T-343/03)

(2004/C 7/64)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 October 2003 by Deutsche Post
AG, Bonn (Germany) and Securicor Omega Express Limited,
Sutton (United Kingdom), represented by T. Lübbig, lawyer.