Judgment of the Court of First Instance of 8 July 2004 in Case T-136/03: Robert Charles Schochaert v Council of the European Union (Officials — Action for damages — Refusal of promotion — Emotional harassment — Duty of assistance)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: Council of the European Union, abuse of power, action for annulment (EU), assistant, promotion, psychological harassment

25.9.2004

EN

Official Journal of the European Union

C 239/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 July 2004

in Case T-384/02: Fernando Valenzuela Marzo v Commis-
sion of the European Communities (1)

(Officials — Pay — Installation allowance — Article 9(3) of
Annex VII to the Staff Regulations — Period of one year)

(2004/C 239/43)

(Language of the case: French)

tion in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: O. Montalto and M.L. Capostagno), the other party to
the proceedings before the OHIM Board of Appeal, and inter-
vening before the Court of First Instance, being Grotto SpA,
established in Vicenza (Italy), represented by M. Bosshard and
S. Verea, lawyers — action brought against the decision of the
Third Board of Appeal of OHIM of 30 January 2003 (Case R
340/2002-3), concerning the opposition of the proprietor of
the national figurative mark BLUE JEANS GAS to registration
of the Community word mark GAS STATION — the Court of
First Instance (Second Chamber), composed of: J. Pirrung, Presi-
dent, A.W.H. Meij and N.J. Forwood,
J. Palacio
González, Principal Administrator, for the Registrar, has given
a judgment on 13 July 2004, in which it:

Judges;

In Case T-384/02: Fernando Valenzuela Marzo, an official of
the Commission of the European Communities, residing at
Brussels (Belgium), represented by M.–A. Lucas, lawyer, against
Commission of the European Communities (Agents: J. Curral
and V.
Joris, with an address for service in Luxembourg) -
application for, first, annulment of the Commission's decisions
of 16 November 2001 and 13 February 2002, refusing the
applicant the second half of the installation allowance on the
ground that his family did not settle at his place of employment
within the period laid down in the regulations of one year
from his taking up his post and, second, an order that the
Commission pay him the second half of the installation allow-
ance with interest thereon at an annual rate of 8 % - the Court
of First Instance (Third Chamber), composed of J. Azizi, Presi-
dent, M. Jaeger and F. Dehousse, Judges; J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 15 July 2004, in which it:

1. Dismisses the action;

2. Orders the parties to pay their own costs.

(1) OJ C 55 of 8.3.2003.

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 135 of 7.6.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2004

in Case T-136/03: Robert Charles Schochaert v Council of
the European Union (1)

(Officials — Action for damages — Refusal of promotion —
Emotional harassment — Duty of assistance)

(2004/C 239/45)

(Language of the case: French)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2004

in Case T-115/03: Samar SpA v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark GAS STATION — Earlier
national figurative mark BLUE JEANS GAS — Registration
refused)

In Case T-136/03: Robert Charles Schochaert, a former official
of the Council of the European Union, resident in Brussels
(Belgium), represented by J.A. Martin, avocat, against Council
of the European Union (Agents: M. Sims and F. Anton) —
application for damages in respect of the material and non-
material harm allegedly suffered by reason of the Council's
repeated refusal to promote the applicant to Grade B1 and in
respect of alleged emotional harassment — the Court of First
Instance: P. Lindh, single Judge; I. Natsinas, Administrator, for
the Registrar, has given a judgment on 8 July 2004, in which
it:

(2004/C 239/44)

(Language of the case: Italian)

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 146 of 21.6.2003.

In Case T-115/03: Samar SpA, established in Mottalciata (Italy),
represented by A. Ruo, lawyer, against Office for Harmonisa-