Judgment of the court of first instance of 18 March2004 in Case T-67/02: Léopold Radauer v Council of the European Union(Officials — Transfer of the flat-rate redemption value of retirement pensionrights acquired in the course of professional activities prior to entry intothe service of the Communities — Calculation of the years of pensionable service— Article 11(2) of Annex VIII to the Staff Regulations — General implementingprovisions — Principle of equal treatment — Free movement of workers)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: Austria, European Council, European official, action for annulment (EU), pension scheme, transfer of pension rights

30.4.2004

EN

Official Journal of the European Union

C 106/57

Article 87 EC, and by failing, in contravention of Article 232
EC and the principle of sound administration,
to take the
measures to comply with the judgment of the Court of First
Instance in Case T-46/97 [2000] ECR II-2125 and initiate the
formal review procedure under Article 88(2) EC, the Court of
(Fourth Chamber, Extended Composition),
First
composed of V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H.
Meij and M Vilaras, Judges; D. Christensen, Administrator, for
the Registrar, has given a judgment on 19 February 2004, in
which it:

Instance

1. Declares that there is no need to adjudicate on Cases T-297/01

and T-298/01.

2. Orders the Commission to pay the costs.

1. Dismisses the action;

2. Orders the applicant

to bear its own costs and to pay those
incurred by the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) and SCA Nutrition Ltd;

3. Orders Provimi to bear its own costs

(1) OJ 2002 C 109.

(1) OJ C 84 of 06.04.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 March 2004

in Case T-67/02: Léopold Radauer v Council of the Euro-
pean Union (1)

(Officials — Transfer of the flat-rate redemption value of
retirement pension rights acquired in the course of profes-
sional activities prior to entry into the service of the Commu-
nities — Calculation of the years of pensionable service —
Article 11(2) of Annex VIII to the Staff Regulations —
General implementing provisions — Principle of equal treat-
ment — Free movement of workers)

(2004/C 106/111)

(Language of the case: French)

In Case T-67/02: Léopold Radauer, an official of the Council of
the European Union, residing in Brussels, represented by G.
Vandersanden and L. Levi, avocats, against Council of the Euro-
pean Union (Agent: F. Anton) – application for annulment of
the Council decision of 17 April 2001 calculating the appli-
cant's years of pensionable service following transfer to the
Community scheme of the flat-rate redemption value of the
retirement pension rights which he had acquired under the
Austrian scheme – the Court (Fifth Chamber), composed of: R.
García Valdecasas, President, P. Lindh and J.D. Cooke, Judges; J.
Plingers, Administrator, for the Registrar, delivered a judgment
on 18 March 2004, the operative part of which is as follows:

(1) The application is dismissed.

(2) The parties shall bear their own costs.

(1) OJ C 97 of 20.04.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE OF

31 March 2004

in Case T-20/02: Interquell GmbH v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(‘Community trade mark — Application for Community
figurative and word mark HAPPY DOG — Earlier national
word mark HAPPIDOG — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94’)

(2004/C 106/110)

(Language of the case: German)

In Case T-20/02: Interquell GmbH, established in Wehringen
(Germany), represented by G.J. Hodapp,
lawyer, against the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: G. Schneider and U. Pfleghar),
supported by Provimi Ltd, established in Staffordshire (United
Kingdom), represented by M. Kinkeldey, lawyer, the other party
to the proceedings before the Board of Appeal of OHIM, inter-
vening before the Court of First Instance, being SCA Nutrition
Ltd, established in Staffordshire, represented by M. Kinkeldey –
action brought against the decision of the Second Board of
Appeal of OHIM of 27 November 2001 (Case R 264/2000-2)
relating to opposition proceedings between Interquell GmbH
and SCA Nutrition Ltd, the Court of First Instance (Fourth
Chamber), composed of H. Legal, President, V. Tiili and
M. Vilaras, Judges; Registrar: I. Natsinas, Administrator, gave a
judgment on 31 March 2004, in which it: