Judgment of the Court of First Instance of 20 November 2003 in Case T-63/02: Maria Concetta Cerafogli and Paolo Poloni v European Central Bank (Officials — European Central Bank staff — Pay — Method of calculating the annual pay adjustment — Consultation of staff committee — Articles 13, 45 and 46 of the Conditions of Employment)
Date: 2004-01-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, equal treatment, fine, inter-company agreement

24.1.2004

EN

Official Journal of the European Union

C 21/31

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 November 2003

in Case T-190/00: Regione Siciliana v Commission of the
European Communities (1)

(State aid — Operating loans — Admissibility — Time-
limit — Confirmatory act — Action for annulment —
Existing aid or new aid — Principle of tempus regit actum
— Export aid — Operating aid — Reasonable time-limit)

(2004/C 21/64)

(Language of the case: Italian)

In Case T-190/00: Regione Siciliana, represented by F. Quadri,
avvocato dello Stato, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: V. Di Bucci and D. Triantafyllou) application for
annulment of Commission Decision 2000/319/EC of
22 December 1999 on the State aid scheme implemented by
Italy for the production, processing and marketing of the
products listed in Annex I to the EC Treaty (Sicilian Regional
Law No 68, of 27 September 1995) (OJ 2000 L 110, p. 17),
in so far as it states that the State aid granted under Article 6
of Sicilian Regional Law No 68 of 27 September 1995 to
agriculture and fisheries enterprises is incompatible with the
common market and requires Italy to withdraw that aid — the
Court of First Instance (Fifth Chamber, Extended Composition),
composed of R. García-Valdecasas, President, P. Lindh,
J. D. Cooke, A. W. H. Meij and H. Legal, Judges; J. Palacio
González, Principal Administrator, for the Registrar, gave the
following judgment on 27 November 2003:

1.

2.

The application is dismissed;

The applicant is ordered to pay its own costs and those incurred
by the Commission.

(1) OJ C 285 of 7.10.2000.

of 5 November 2003

in Case T-240/01: Jean-Louis Cougnon v Court of Justice
of the European Communities (1)

(Officials — Appointments procedure — Grade A 2 post —
Candidature rejected)

(2004/C 21/65)

(Language of the case: French)

In Case T-240/01: Jean-Louis Cougnon, an official of the
European Parliament, residing in Capellen (Luxembourg),
lawyer, with an address for
represented by J. Choucroun,
service in Luxembourg, against the Court of Justice of the
European Communities (Agent: M. Schauss) — application
for the annulment of a decision rejecting the applicant’s
candidature for the post of Director of Personnel and Finances
at the Court of Justice and appointing another candidate —
the Court of First
Instance (Fourth Chamber), composed
of V. Tiili, President, P. Mengozzi and M. Vilaras, Judges;
D. Christensen, Administrator, for the Registrar, gave a judg-
ment on 5 November 2003, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 331 of 24.11.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 November 2003

in Case T-63/02: Maria Concetta Cerafogli and Paolo
Poloni v European Central Bank (1)

(Officials — European Central Bank staff — Pay — Method
of calculating the annual pay adjustment — Consultation of
staff committee — Articles 13, 45 and 46 of the Conditions
of Employment)

(2004/C 21/66)

(Language of the case: German)

In Case T-63/02: Maria Concetta Cerafogli and Paolo Poloni,
officials of the European Central Bank, residing in Frankfurt-

C 21/32

EN

Official Journal of the European Union

24.1.2004

on-Main (Germany), represented by T. Raab-Rhein, C. Roth
and B. Karthaus,
lawyers, with an address for service in
Luxembourg, against European Central Bank (Agents: V. Sain-
tot, T. Gilliams and B. Wägenbaur), application for, first,
annulment of the pay slips sent on 13 July 2001 to the
applicants, staff of the European Central Bank (ECB), for the
month of July 2001, insofar as they are based on an increase
in basic pay of 2.2 % and, secondly, orders that the ECB send
the applicants pay slips for the month of July 2001 based on
an increase in basic pay of at least 2.7 %, or, in the alternative,
on an increase corresponding to that upheld in the Court’s
judgment in this case, and pay them the difference between
those amounts, the Court of First Instance (Third Chamber),
composed of J. Azizi, President, M. Jaeger and N. J. Forwood,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 20 November 2003, the operative part
of which is as follows:

1.

2.

3.

The pay slips sent on 13 July 2001 to the applicants, staff of
the European Central Bank (ECB), for the month of July 2001
are annulled in so far as the ECB failed to consult the staff
committee in adopting the salaries adjustment for the year
2001;

The remainder of the action is dismissed;

The European Central Bank shall pay the costs.

(1) OJ C 131 of 1.6.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 November 2003

in Case T-85/02: Pedro Díaz, SA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition procedure — Appli-
cation for Community word mark CASTILLO — Earlier
national figurative mark EL CASTILLO — Likelihood of
confusion — Similar marks already on the relevant market)

(2004/C 21/67)

(Language of the case: Spanish)

In Case T-85/02, Pedro Díaz, SA, established in Cartagena
(Spain), represented initially by P. Koch Moreno and sub-
sequently by M. Aznar Alonso, lawyers, v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: O. Montalto and J. Crespo Carrillo), the other party to
the proceedings before the Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs)(OHIM) being Granjas Castelló, SA, established in

Mollerussa (Spain): Action brought against the decision of the
Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) of
16 January 2002 (Case R 40/2000-3) concerning the oppo-
sition filed by the owner of the national trade mark EL
CASTILLO, the Court of First Instance (Second Chamber),
composed of: N.
J. Pirrung and
A. W. H. Meij, Judges; B. Pastor, Deputy Registrar, has given a
judgment on 4 November 2003, in which it:

J. Forwood, President,

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 144 of 15.6.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 November 2003

in Case T-98/02, Maddalena Lebedef-Caponi v Com-
mission of the European Communities (1)

(Officials — Staff report — Performance of staff representa-
tive’s and trade union activities — Action for annulment)

(2004/C 21/68)

(Language of the case: French)

In Case T-98/02, Maddalena Lebedef-Caponi, an official of
the Commission of the European Communities, residing in
Senningerberg (Luxembourg), represented by G. Bouneou and
F. Frabetti, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
D. Martin and C. Berardis-Kayser), application for annulment
of the decision to adopt the applicant’s final staff report for
the period from 1 July 1995 to 30 June 1997, the Court of First
Instance (Fourth Chamber), composed of V. Tiili, President,
P. Mengozzi and M. Vilaras, Judges; I. Natsinas, Administrator,
for the Registrar, has given a judgment on 5 November 2003,
the operative part of which is as follows:

1.

2.

The decision to adopt the applicant’s final staff report for the
period from 1 July 1995 to 30 June 1997 is annulled.

The Commission is ordered to pay the costs.

(1) OJ C 144 of 15.6.2002.