Judgment of the Court of First Instance of 28 October 2004 in Case T-76/03 Herbert Meister against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Officials — Reassignment of a head of service — Interest of the service — Equivalence of posts — Right to freedom of expression — Duty to have regard for the interests of officials — Statement of reasons — Right to be heard — Non-contractual liability)
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), reassignment

8.1.2005

EN

Official Journal of the European Union

C 6/35

JUDGMENT OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 28 October 2004

of 29 September 2004

in Case T-76/03 Herbert Meister against Office for Harmo-
nisation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Officials — Reassignment of a head of service — Interest of
the service — Equivalence of posts — Right to freedom of
expression — Duty to have regard for the interests of offi-
cials — Statement of reasons — Right to be heard — Non-
contractual liability)

in Case T-394/02: Arnaldo Lucaccioni v Commission of the
European Communities (1)

(Pension — Garnishee order on salary — Enforcement of a
judgment of a national court)

(2005/C 6/68)

(Language of the case: French)

(2005/C 6/69)

(Language of the case: French)

In Case T-76/03: Herbert Meister, official of the Office for
Harmonisation in the Internal Market
(Trade Marks and
(Spain), represented by G.
Designs), residing at Muchamiel
Vandersanden, lawyer, against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (Agent:
O. Waelbroeck) – application for,
the
OHIM's decision PERS-AFFECT-02-30 of 22 April 2002
appointing the applicant, in the interest of the service, with his
post, as legal adviser to the Vice-President for Legal Affairs and,
second, for damages – the Court, composed of J. Azizi, Presi-
dent, M.
Judges; D. Christiansen,
Administrator, for the Registrar, has given a judgment on 28
October 2004 in which it:

Jaeger and E. Cremona,

first, annulment of

1. Orders the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
to pay the applicant
EUR 5 000 by way of damages for breach of administrative
duty;

(OHIM)

2. Dismisses the remainder of the action;

3. Orders the OHIM to pay its own costs and one fifth of the costs

incurred by the applicant;

4. Orders the applicant to pay four fifths of his own costs.

(1) OJ C 101 of 26.4.2003.

(United

Kingdom),

represented

In Case T-394/02: Arnaldo Lucaccioni, former official of the
Commission of the European Communities, residing at St.-
by
Leonards-On-Sea
J.R. Iturriagagoitia Bassas and K. Delvolvé, lawyers, against the
Commission of the European Communities (Agent: J. Currall,
with an address for service in Luxemburg) — First, application
for annulment of the Commission's decision to proceed with a
garnishee order on the applicant's pension following a judg-
ment by an Italian court ordering the applicant to pay the fees
of a doctor appointed by him to represent him before the
disability committee and the medical committee and, second,
application for reimbursement of certain expenses and fees and
payment of damages — the Court of First Instance (Second
Chamber), composed of J. Pirrung, President, N.J. Forwood and
S. Papasavvas, Judges; H. Jung, Registrar; has made an order on
29 September 2004, in which it:

(1) Dismisses the action;

(2) Orders each party to bear its own costs.

(1) OJ C 55 of 8.3.2003.