Judgment of the Court of First Instance of 1 April2004 in Case T-198/02: N v Commission of the European Communities (Officials— Disciplinary measures — Removal from post without loss of pension rights— Statement of reasons — Rights of the defence — Proportionality — Failureto comply with the time-limits fixed by Article 7 of Annex IX to the StaffRegulations — Article 12, first paragraph, of the Staff Regulations)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrative sanction, pension scheme, social status

30.4.2004

EN

Official Journal of the European Union

C 106/59

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 March 2004

in Joined Cases T-183/02 and T-184/02, El Corte Inglés, SA
against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings —
Earlier word marks MUNDICOLOR — Application for Com-
munity word mark MUNDICOR — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(2004/C 106/115)

(Language of the case: Spanish)

In Joined Cases T-183/02 and T-184/02, El Corte Inglés, SA,
established in Madrid (Spain), represented by J.L. Rivas Zurdo,
lawyer, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agent: J. Crespo Carrillo),
the intervener before the Court of First Instance being, in Case
T-184/02, Iberia Líneas Aéreas de España, SA, established in
Madrid, represented by A. García Torres,
lawyer, the other
party to the proceedings before the Board of Appeal of OHIM
in Case T-183/02 being González Cabello, SA, established in
Puente Genil (Spain), actions brought against two decisions of
the First Board of Appeal of OHIM of 22 March 2002 (Cases
R 798/1999-1 and R 115/2000-1) relating to opposition
proceedings between González Cabello, SA, and El Corte
Inglés, SA, and between Iberia Líneas Aéreas de España, SA,
and El Corte Inglés, SA, respectively, the Court of First Instance
(Fourth Chamber), composed of: V. Tiili, President, P. Mengozzi
and M. Vilaras, Judges, J. Palacio González, Principal Adminis-
trator, for the Registrar, has given the following judgment on
17 March 2003, in which it:

1. Dismisses the actions;

2. Orders the applicant to pay the costs.

(1) OJ C 202 of 24.8.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 March 2004

in Case T-197/02: Georges Caravelis v European Parlia-
ment (1)

(Officials — Refusal to promote — Comparative examina-
tion of the merits — Annulling judgment — Implementing
measures — Article 233 EC — Application for annulment
and for compensation)

(2004/C 106/116)

(Language of the case: Greek)

In Case T-197/02: Georges Caravelis, an official of the Euro-
represented by C.
residing in Brussels,
pean Parliament,
Tagaras, avocat, against European Parliament (Agents: J.F. de

Wachter, V. Magnis and N. Korogiannakis) – application for
annulment of the Parliament's decision of 28 September 2001
not to promote the applicant retroactively to Grade A4 and for
compensation in respect of
the material and non-material
damage which the applicant claims to have suffered – the
(Fifth Chamber), composed of: R. García Valdecasas,
Court
President, P. Lindh and J.D. Cooke, Judges; I. Natsinas, Adminis-
trator, for the Registrar, delivered a judgment on 2 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 233 of 28.09.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 April 2004

in Case T-198/02: N v Commission of

the European

Communities (1)

(Officials — Disciplinary measures — Removal from post
without loss of pension rights — Statement of reasons —
Rights of the defence — Proportionality — Failure to comply
with the time-limits fixed by Article 7 of Annex IX to the
Staff Regulations — Article 12, first paragraph, of the Staff
Regulations)

(2004/C 106/117)

(Language of the case: French)

the decision of

for annulment of

In Case T-198/02: N, a former official of the Commission of
the European Communities, resident in Asse (Belgium), repre-
sented by N. Lhoëst and E. de Schietere de Lophem, lawyers,
with an address for service in Luxembourg, against Commis-
sion of the European Communities (Agent: J. Currall) – applica-
tion (1)
the appointing
authority of the Commission of 25 February 2002 imposing
on the applicant the disciplinary measure of removal from post
without withdrawal or reduction of entitlement to retirement
pension in accordance with Article 86(2)(f) of the Staff Regula-
tions of Officials of the European Communities and (2) for
damages – the Court of First
Instance (Third Chamber),
composed of J. Azizi, President, M. Jaeger and F. Dehousse,
Judges; H. Jung, Registrar, gave a judgment on 1 April 2004 in
which it:

C 106/60

EN

Official Journal of the European Union

30.4.2004

(1) Orders

the Commission to pay the applicant

sum of
EUR 700 as compensation for the non-material damage suffered
by him;

the

(2) The parties shall bear their own costs, including the costs relating

to the application for interim relief.

(2) Dismisses the remainder of the action;

(1) OJ C 247 of 12.10.02.

(3) Orders the Commission to bear its own costs and to pay one-
sixth of the applicant's costs of the present proceedings and the
proceedings for interim relief;

(4) Orders the applicant to bear five-sixths of his costs of the present

proceedings and the proceedings for interim relief.

(1) OJ No C 233 of 28.9.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 March 2004

in Case T-238/02 José Barbosa Gonçalves v Commission of
the European Communities (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 March 2004

(Officials — Action — Application for
compensation
brought without recourse to the pre-litigation procedure
prescribed by the Staff Regulations — Admissibility)

in Case T-234/02: Christos Michael v Commission of the
European Communities (1)

(2004/C 106/119)

(Officials — Appointment of a deputy head of unit and a
head of section — Measure adversely affecting the applicant
— None — Inadmissible)

(Language of the case: Portuguese)

(2004/C 106/118)

(Language of the case: Greek)

(Agents: H.

Tserepa-Lacombe

In Case T-234/02: Christos Michael, an official of the Commis-
sion of the European Communities, residing in Brussels, repre-
sented by C. Tagaras, avocat, against Commission of the Euro-
pean Communities
and
F. Clotuche-Duvieusart) application for annulment of the deci-
sions by the Commission appointing a deputy head of the Unit
‘Internal Policies, Central Administration, CCR and Agencies’ of
the ‘Financial Control’ Directorate-General and a head of
section for the ‘Internal Policies and Agencies’ section of that
unit the Court (Fifth Chamber), composed of: P. Lindh, Presi-
dent, R. García Valdecasas and J.D. Cooke, Judges; I. Natsinas,
Administrator,
for the Registrar, delivered a judgment on
2 March 2004, the operative part of which is as follows:

(1) The application is dismissed as being inadmissible.

In Case T-238/02, José Barbosa Gonçalves, residing in Viana do
Castelo (Portugal), represented by J. Dias Gonçalves,
lawyer,
against Commission of the European Communities (Agents: V.
Joris and G. Braga da Cruz) – application for compensation for
material and non-material damage allegedly suffered by the
applicant as a result of the failure to admit him to the written
tests in the competition organised by the Commission of the
European Communities under No A/6/01 – the Court of First
Instance (Third Chamber), composed of J. Azizi, President, M.
Jaeger and F. Dehousse, Judges; José Palacio González, Principal
Administrator, for the Registrar, has given a judgment on 25
March 2004 in which it:

(1) Dismisses the application as inadmissible;

(2) Orders the parties to bear their own costs.

(1) OJ C 233 of 28.9.02.