Judgment of the Court of First Instance of 31 March 2004 in Case T-10/02, Marie-Claude Girardot v Commission of the European Communities (Staff case — Article 29(1) of the Staff Regulations — Permanent post remunerated on research and investment credits — Temporary agent within the meaning of Article 2(d) of the CEOS — Rejection of application — No comparative examination of merits — Interim judgment)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), appointment of staff, job access, servant (EU)

C 118/36

EN

Official Journal of the European Union

30.4.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

(First Chamber)

of 21 April 2004

in Case T-172/01 M v Court of Justice of the European
Communities (1)

(Spouse divorced from a former member of a Community
institution, since deceased — Maintenance — Verbal agree-
ment between the former spouses — Law applicable to the
formal requirements for the agreement and the admissibility
of the means of proving its existence (Article 27 of Annex
VIII to the Staff Regulations of the European Communities))

(2004/C 118/75)

(Language of the case: French)

In Case T-172/01, M, resident in Athens (Greece), represented
by G. Vandersanden and H. Tagaras, lawyers, against the Court
of Justice of the European Communities (Agent: M. Schauss,
assisted by T Papazissi) – application for annulment of the
refusal to grant a survivor's pension based on the service of her
ex-husband – the Court of First
Instance (First Chamber),
composed of: A.W.H. Meij, President, and N.J. Forwood and H.
Legal,
I Natsinas, gave a judgment on 21
Judges; Registrar:
April 2004, in which it:

1. rejected the application; and

European Communities (Agents: J. Currall and L. Lozano Pala-
cios, assisted by P. Anestis,
lawyer) – application for, first,
annulment of the refusal of prior authorisation of a surgical
procedure and, secondly, reimbursement of the costs of the
operation at
Instance (Fourth
Chamber), composed of H. Legal, President, and V. Tiili and M.
Vilaras, Judges; I. Natsinas (Administrator), Registrar, has given
a judgment on 21 April 2004, in which it:

issue – the Court of First

1. Annuls the decision of 22 May 2001 rejecting the application for

prior authorisation submitted by the applicant;

2. Orders the Commission to reimburse the applicant 85 % of the
cost of the surgical procedure as set out by the applicant's surgeon
in his prescription of 16 May 2001;

3. Orders the parties to determine by agreement the amount to be
reimbursed to the applicant for the costs of the operation under-
gone according to the terms of the prescription and inform the
Court of the agreed amount within a period of three months from
the delivery of this judgment;

4. Orders the parties, in the absence of agreement, to submit to the
Court, within a period of three months from the delivery of this
judgment, the figures they propose in respect of the amount to be
reimbursed; and

5. Reserves the costs, including those incurred for the purposes of the

expert medical report.

2. ordered each party to bear its own costs.

(1) OJ C 44 of 16. 2. 2002.

(1) OJ C 317, 10.11.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2004

in Case T-313/01: R v Commission of

the European

Communities (1)

(Officials — Social security — Refusal of prior authorisation
of a surgical procedure — Refusal on the ground of the
exclusively cosmetic nature attributed by the administration
to the operation — Infringement of the provisions of the
Community rules)

(2004/C 118/76)

(Language of the case: Greek)

In Case T-313/01: R, a Commission official residing in Brussels,
represented by C. Tagaras, lawyer, against Commission of the

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 March 2004

in Case T-10/02, Marie-Claude Girardot v Commission of
the European Communities (1)

(Staff case — Article 29(1) of the Staff Regulations —
Permanent post remunerated on research and investment
credits — Temporary agent within the meaning of Article
2(d) of the CEOS — Rejection of application — No compara-
tive examination of merits — Interim judgment)

(2004/C 118/77)

(Language of the case: French)

In Case T-10/02, Marie-Claude Girardot resident in L'Hay-les-
Roses (France), represented by N. Lhoest,
lawyer, with an
address for service in Luxembourg, v Commission of the Euro-
pean Communities (Agents: F. Clotuche-Cuvieusart and L.

30.4.2004

EN

Official Journal of the European Union

C 118/37

Lozano Palacios, then F. Clotuche-Cuvieusart and H. Tserepa-
Lacombe) - Application for, first, annulment of the Commis-
sion's decision of 13 March 2001 rejecting seven applications
for permanent posts remunerated on research credits, secondly,
annulment of the Commission's decision of 15 March 2001
rejecting one application for a permanent post remunerated on
research credits and, thirdly, annulment of the Commission's
decisions making appointments in respect of those posts - the
Court of First Instance (First Chamber), composed of B. Vester-
dorf, President and H. Legal and M. E. Martins Ribeiro, Judges;
J. Plingers, Administrator for the Registrar, delivered a judg-
ment on 31 March 2004, in which it

1. Annuls the Commission's decision of 13 March 2001 rejecting
seven applications for permanent posts remunerated on research
credits;

the Internal Market (Trade Marks and Designs) being Vitakraft-
Werke Wührmann & Sohn, established in Bremen (Germany)
in Case T-124/02 and Friesland Brands SV, established in Leeu-
warden (the Netherlands) in Case T-156/02 - actions, in Case
T-124/02, against the decision of the Second Board of Appeal
of OHIM of 17 January 2002 (Case R-386/2000-2) relating to
opposition proceedings between Vitakraft-Werke Wührmann &
Sohn and The Sunrider Corp., and, in Case T-156/02, against
the decision of the First Board of Appeal of OHIM of 21
February 2002 (Case R-34/2000-1)
relating to opposition
proceedings between Friesland Brands BV and The Sunrider
Corp.
Instance (Second Chamber),
composed of: N.J. Forwood, President, J. Pirrung and A.W.H.
Meij, Judges; B. Pastor, Assistant Registrar, for the Registrar, has
given a judgment on 28 April 2004, in which it:

the Court of First

-

2. Annuls the Commission's decision of 15 March 2001 rejecting
one application for a permanent post remunerated on research
credits;

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

3. For the rest dismisses the application

(1) OJ C 156 of 29.6.2002

4. Orders the parties to provide to the Court within a period of three
months from delivery of this judgment either an agreed amount of
monetary compensation attaching to the decisions of 13 and 15
March 2001 or their submissions, with figures, on that amount;

5. Reserves costs.

(1) OJ C 68 of 16.3.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 April 2004

in Joined Cases T-124/02 and T-156/02: The Sunrider
Corp. v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Regulations (EC) Nos 40/94 and
2868/95 — Costs of the opposition proceedings — Partial
withdrawal of the trade mark application — Withdrawal of
opposition — Reimbursement of the appeal fees — Duty to
state reasons)

(2004/C 118/78)

(Language of the case: German)

In Joined Cases T-124/02 and T-156/02: The Sunrider Corp.,
established in Torrance, California (United States of America),
represented by A. Kockläuner, against Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market
(OHIM)
(Agent: G. Schneider),
the other parties to the proceedings
before the Board of Appeal of the Office for Harmonisation in

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2004

in Case T-127/02: Concept-Anlagen u. Geräte nach ‘GMP’
für Produktion u. Labor GmbH v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Figurative mark containing the
word element
‘ECA’ — Absolute ground for refusal —
Emblem of an international intergovernmental organisation
— Article 7(1)(h) of Regulation (EC) No 40/94 — Article 6
ter of the Paris Convention)

(2004/C 118/79)

(Language of the case: German)

Labor GmbH,

In Case T-127/02: Concept-Anlagen u. Geräte nach ‘GMP’ für
Produktion u.
established in Heidelberg
(Germany), represented by G. Hodapp, against the Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM) (Agent: G. Schneider) – action brought against
the decision of the Second Board of Appeal of OHIM of 18
February 2002 (Case R 466/2000-2) on the application for
registration of a figurative mark containing the word element
‘ECA’ as a Community trade mark – the Court of First Instance
(Fourth Chamber), composed of H. Legal, President, V. Tiili and
M. Vilaras, Judges; Registrar, J. Plingers (Administrator), gave a
judgment on 21 April 2004, in which it: