Judgment of the Court of First Instance of 10 December 2003 in Case T-173/02: Pierre Tomarchio v Commission of the European Communities (Officials – Grading — Rejection of an application for regrading under Article 31(2) of the Staff Regulations)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: action for annulment (EU), promotion, regulations for civil servants, staff assessment

20.3.2004

EN

Official Journal of the European Union

C 71/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 December 2003

in Case T-133/02: Pravir Kumar Chawdhry v Commission
of the European Communities (1)

(Member of the temporary staff — Post paid from appropri-
ations to the research budget — Grading)

(2004/C 71/44)

(Language of the case: French)

In Case T-133/02: Pravir Kumar Chawdhry, a member of
the temporary staff of the Commission of the European
Communities, residing in Sangiano (Italy), represented by
G. Vandersanden and L. Levi, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and V. Joris) — application
for, first, annulment of the Commission’s decision grading the
applicant in Grade A 6, Step 3, and, secondly, compensation
in respect of harm suffered – the Court of First Instance (Single
Judge: J. Pirrung); J. Plingers, Administrator, acting for the
Registrar, has given a judgment on 17 December 2003, in
which it:

(France), represented by N. Lhoëst, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and F. Clotuche-Duvieusart)
— application for annulment of the Commission’s decision
rejecting the applicant’s application for regrading in the higher
grade of his career bracket of recruitment — the Court of First
Instance (Single Judge: H. Legal); I. Natsinas, Administrator,
acting for the Registrar, has given a judgment on 10 December
2003, in which it:

1.

annuls the Commission’s decision of 27 July 2001 rejecting
the applicant’s application for regrading in the higher grade of
his career bracket of recruitment;

2.

orders the Commission to pay all the costs.

(1) OJ C 219 of 14.9.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

1.

2.

3.

dismisses the application;

of 3 December 2003

orders the Commission to bear its own costs and to pay a
quarter of the applicant’s costs;

orders the applicant to bear three quarters of his own costs.

in Case T-305/02: Nestlé Waters France v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(1) OJ C 156 of 29.6.2002.

(Community trade mark — Three-dimensional mark —
Shape of a bottle — Absolute grounds for refusal —
Distinctive character — Article 7(1)(b) of Regulation (EC)
No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 December 2003

in Case T-173/02: Pierre Tomarchio v Commission of the
European Communities (1)

(Officials – Grading — Rejection of an application for
regrading under Article 31(2) of the Staff Regulations)

(2004/C 71/45)

(Language of the case: French)

In Case T-173/02: Pierre Tomarchio, a former official of the
Commission of the European Communities, residing in Nancy

(2004/C 71/46)

(Language of the case: French)

In Case T-305/02, Nestlé Waters France, established in Issy-
les-Moulineaux (France), represented by A. Cléry, avocat, v
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. Rassat and O. Waelbroeck):
Application for annulment of the decision of the Fourth Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 12 July 2002 (Case
R 719/2000-4) refusing to register a three-dimensional trade
mark consisting of the shape of a transparent bottle, the Court
of First Instance (Fourth Chamber), composed of: V. Tiili,
President, P. Mengozzi and M. Vilaras,
Judges; B. Pastor,
Deputy Registrar, has given a judgment on 3 December 2003,
in which it: