Judgment of the Court of First Instance of 18 November 2003 in Case T-13/02: Falk-Ulrich von Hoff v European Parliament (Officials — Temporary staff — Installation allowance — Change in place of employment — Default interest)
Date: 2004-02-07
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), allowances and expenses, job mobility

C 35/8

EN

Official Journal of the European Union

7.2.2004

— the Commission shall pay Mr Chemin the sum of
EUR 29 592 (twenty-nine thousand five hundred and
ninety-two) as compensation for the material damage and
the sum of EUR 1 (one) as compensation for the non-
material damage suffered;

— the Commission shall pay Miss Copes the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mr Mondini

the sum of
EUR 5 000 (five thousand) as compensation for the
material damage and the sum of EUR 1 (one) as
compensation for the non-material damage suffered;

— the Commission shall pay Miss Preissler the sum of
EUR 11 929 (eleven thousand nine hundred and twenty-
nine) as compensation for the material damage and the
sum of EUR 1 (one) as compensation for the non-
material damage suffered;

— the Commission shall pay Mrs Bertolo the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mr Brovelli the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mrs D’Elia the sum of EUR 1
(one) as compensation for the non-material damage
suffered.

The remainder of the action in Case T-115/01 is dismissed.

The Commission shall bear its own costs and pay the costs
incurred by the applicants in Case T-331/00.

The Commission shall bear its own costs and pay three-quarters
of the costs incurred by the applicants in Case T-115/01.

The applicants in Case T-115/01 shall bear a quarter of their
own costs.

4)

5)

6)

7)

(1) OJ C 372 of 23.12.00 and OJ C 227 of 11.8.01.

(Luxembourg), represented by G. Bounéou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and C. Berardis-Kayser) — application for the annulment of
the decision adopting the definitive staff report of the applicant
for the period running 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. Natsin-
as, Administrator,
for the Registrar, gave a judgment on
5 November 2003, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 84 of 6.4.02

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 November 2003

in Case T-13/02: Falk-Ulrich von Hoff v European Parlia-
ment (1)

(Officials — Temporary staff — Installation allowance —
Change in place of employment — Default interest)

(2004/C 35/12)

(Language of the case: German)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 November 2003

in Case T-326/01: Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Staff report — Exercise of activities as staff
representative and union activities — Action for annulment)

(2004/C 35/11)

(Language of the case: French)

(Agents:

In Case T-13/02: Falk-Ulrich von Hoff, a member of the
temporary staff of the European Parliament, residing in Berlin-
Wittenau (Germany), represented by B. Wägenbaur, lawyer,
against European Parliament
J. de Wachter and
U. Rösslein) — application for, first, annulment of the decision
of the European Parliament of 17 April 2001, refusing to grant
the applicant an installation allowance in connection with the
change in his place of employment and, second, an order that
the European Parliament pay to the applicant an installation
allowance amounting to two months’ basic salary, together
with interest at 8 % from the date of the application — the
Court of First Instance (Fifth Chamber), composed of R. García-
Valdecasas, President, J.D. Cooke and P. Lindh, Judges; I. Natsi-
nas, administrator, for the Registrar, gave a judgment on
18 November 2003, in which it:

In Case T-326/01: Giorgio Lebedef, official of the Commission
the European Communities, residing in Senningerberg
of

1. Annuls the decision of the Parliament of 17 April 2001
refusing to grant the applicant an installation allowance;

7.2.2004

EN

Official Journal of the European Union

C 35/9

2. Orders the Parliament to pay the applicant the installation
allowance provided for by Article 5 of Annex VII of the Staff
Regulations, amounting to two months’ basic salary, together
with default interest from 24 January 2002. The interest rate
to be applied shall be two points higher than the rate fixed by
the European Central Bank for principal refinancing operations
applicable during the period concerned.

1.

2.

The application is dismissed as inadmissible.

The applicant shall pay the costs.

(1) OJ C 169, 13.7.2002.

3. Orders the Parliament to bear all the costs.

(1) OJ C 97 of 20.4.2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 17 November 2003

in Case T-235/02: Strongline A/S v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition procedure — Failure
to produce evidence in the language of the opposition
procedure — Rule 17(2) of Regulation (EC) No 2868/95 —
Action manifestly inadmissible)

(2004/C 35/14)

(Language of the case: English)

In Case T-235/02: Strongline A/S, established in Glostrup
(Denmark), represented by J.S. Ørndrup, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: O. Waelbroek), the intervener before
the Court of First Instance being Scala Inc., established in
Exton, Pennsylvania (United States of America), represented by
R.M. Hiddleston, solicitor — action brought against
the
the Office for
the First Board of Appeal of
decision of
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 27 May 2002 (Case R 830/2001-1) on the refusal
of an opposition for failure to substantiate rights based on
earlier trade marks — the Court of First Instance (Second
Chamber), composed of J. Pirrung, President, A.W.H. Meij and
N.J. Forwood, Judges; H. Jung, Registrar, has made an order on
17 November 2003, the operative part of which is as follows:

1.

2.

The action is dismissed.

The applicant shall pay the costs.

(1) OJ C 233 of 28.9.02.

ORDER OF THE COURT OF FIRST INSTANCE

of 5 November 2003

in Case T-130/02: Kronoply GmbH & Co. KG v Com-
mission of the European Communities (1)

(State aid — Multisectorial framework on regional aid for
large investment projects — Application for correction of a
decision declaring aid to be compatible with the common
market — Commission response — Not in the nature of a
decision — Application for annulment — Inadmissible)

(2004/C 35/13)

(Language of the case: German)

In Case T-130/02: Kronoply GmbH & Co. KG, whose registered
office is in Heiligengrabe, Germany, originally represented by
B. Luther and subsequently by R. Nierer, lawyers, against the
Commission of the European Communities (Agents: V. Di
Bucci and T. Scharf) — application for annulment of the
alleged decision of the Commission of 5 February 2002 not to
correct its decision of 3 July 2001 relating to the authorisation
of State aid in the sum of DEM 69,3 million to the applicant
for an investment in Heiligengrabe, Germany — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed, at the time of its deliberation, of V. Tiili, President,
and J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras,
Judges; H. Jung, Registrar, made an order on 5 November
2003, the operative part of which is as follows: