Judgment of the Court of First Instance of 12 April 2005 in Case T-191/02, Giorgio Lebedef v Commission of the European Communities (Officials — Framework Agreement of 1974 between the Commission and the trade union and professional organisations — Repudiation — Adoption of the operational rules — Confirmation of the Agreement of 4 April 2001 — Admissibility)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU programme, accession to an agreement, action for annulment (EU), social dialogue (EU), trade union, trade union election

25.6.2005

EN

Official Journal of the European Union

C 155/11

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 April 2005

of 12 April 2005

in Case T-88/01, Sniace SA v Commission of the European
Communities (1)

(State aid — Action for annulment — Admissibility —
Measure of individual concern to the applicant)

(2005/C 155/21)

(Language of the case: Spanish)

In Case T-88/01: Sniace SA, established in Madrid (Spain),
represented by J. Baró Fuentes, M. Gómez de Liaño y Botella
and F. Rodríguez Carretero, lawyers, against the Commission of
the European Communities (Agents: D. Triantafyllou and J.
Buendía Sierra, with an address for service in Luxembourg),
supported by Republic of Austria (Agents: H. Dossi and
M. Burgstaller, with an address for service in Luxembourg), by
Lenzing Lyocell GmbH & Co. KG, established in Heiligenkreuz
im Lafnitztal (Austria), and by Land Burgenland (Austria), repre-
sented by U. Soltész, lawyer — application for annulment of
Commission Decision 2001/102/EC of 19 July 2000 on State
aid granted by Austria to Lenzing Lyocell GmbH & Co. KG (OJ
2001 L 38, p. 33) — the Court of First
Instance (Fifth
Chamber, Extended Composition), composed of P. Lindh, Presi-
dent, R. García-Valdecasas, J.D. Cooke, P. Mengozzi and M.E.
Martins Ribeiro, Judges; J. Palacio González, Principal Adminis-
trator, for the Registrar, gave a judgment on 14 April 2005, in
which it:

1. Dismisses the action as inadmissible.

2. Orders the applicant

to bear its own costs and to pay those

incurred by the Commission.

3. Orders the interveners to bear their own costs.

(1) OJ C 186 of 30.6.2001.

in Case T-191/02, Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Framework Agreement of 1974 between the
Commission and the trade union and professional organisa-
tions — Repudiation — Adoption of the operational rules —
Confirmation of the Agreement of 4 April 2001 — Admissi-
bility)

(2005/C 155/22)

(Language of the case: French)

repudiated the

In Case T-191/02: Giorgio Lebedef, an official of the Commis-
sion of the European Communities, residing in Senningerberg
(Luxembourg), represented by G. Bounéou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: J. Currall,
with an address for service in Luxembourg) — application for
annulment of the Commission's decision of 5 December 2001,
Framework Agreement of
by which it
20 September 1974, adopted the operational rules concerning
the levels, process and procedure of consultation agreed
between the Commission and the majority of trade union and
professional organisations on 19 January 2000, confirmed the
Agreement of 4 April 2001 on the resources to be made avail-
able to the staff representatives, ratified the provisions on
strikes laid down in Annex I to the Framework Agreement of
20 September 1974,
the
Commission, Mr N. Kinnock, to negotiate with the trade union
and professional organisations and to propose for adoption by
the Commission, before the end of March 2002, a new Frame-
work Agreement and to include in the series of amendments to
the Staff Regulations, on which the trade union and staff orga-
nisations were to be consulted, an amendment providing for
the opportunity to adopt electoral rules by way of a vote by
the staff of the institution, and,
if necessary, annulment of
Mr Kinnock's letter of 22 November 2001 addressed to the
President of each trade union to notify them of his decision to
ask the Commission to repudiate, on 5 December 2001, the
above-mentioned Framework Agreement of 20 September
1974, and to adopt several of the above-mentioned points, and
annulment of Mr E. Halskov's decision of 6 December 2001

requested the Vice-President of

C 155/12

EN

Official Journal of the European Union

25.6.2005

refusing to grant the applicant leave to attend, on a mission
basis, the meeting of 7 December 2001 on the ‘comprehensive
package of proposed amendments to the Staff Regulations’ —
Instance (First Chamber) composed of
the Court of First
B. Vesterdorf, President, P. Mengozzi and M.E. Martins Ribeiro,
Judges; Registrar: I. Natsinas, Administrator, has given a judg-
ment on 12 April 2005, the operative part of which is as
follows:

1. The action is dismissed.

Vilaras, President, F. Dehousse and D. Šváby, Judges; J. Palacio
González, Principal Administrator,
for the Registrar, gave a
judgment on 21 April 2005, in which it:

1. Dismisses the application;

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);

2. Each of the parties is ordered to bear their own costs, including

3. Orders the intervener to bear its own costs.

those of the interlocutory proceedings.

(1) OJ C 233 of 28.9.2002.

(1) OJ C 261 of 26.10.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 April 2005

in Case T-269/02 PepsiCo, Inc. 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 RUFFLES — Earlier
national trade mark RIFFELS — Even earlier national trade
mark RUFFLES — Coexistence and equivalence between
national trade marks and Community trade marks)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 April 2005

in Case T-273/02 Krüger GmbH & Co. KG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark CALPICO — Earlier
national mark CALYPSO — Article 8(1)(b) of Regulation
(EC) No 40/94 — Right to be heard)

(2005/C 155/24)

(2005/C 155/23)

(Language of the case: German)

(Language of the case: English)

(OHIM)

(Agents:

In Case T-269/02: PepsiCo, Inc., established in Purchase, New
York (United States), represented by E. Armijo Chávarri, lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
initially J. Novais
Gonçalves and J. Crespo Carrillo, subsequently A. von Mühlen-
dahl and J. Novais Gonçalves), the other party to the proceed-
ings before the OHIM Board of Appeal, intervening before the
Court of First
Instance, being Intersnack Knabber-Gebäck
GmbH & Co. KG, formerly Convent Knabber-Gebäck GmbH &
Co. KG, established in Cologne (Germany), represented by
M. Schaeffer, lawyer — action brought against the decision of
the First Board of Appeal of OHIM of 10 June 1002 (Case R
114/2000-1)
relating to opposition proceedings between
PepsiCo, Inc. and Intersnack Knabber-Gebäck GmbH & Co. KG,
— the Court of First Instance (Fifth Chamber), composed of M.

In Case T-273/02: Krüger GmbH & Co. KG, established in
Bergisch Gladbach (Germany), represented by S. von Peters-
dorff-Campen, lawyer, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent: G.
Schneider), the other party to the proceedings before the Board
intervener before the Court of First
of Appeal of OHIM,
Instance, being Calpis Co. Ltd, established in Tokyo (Japan),
represented by O. Jüngst and M. Schork,
lawyers — action
brought against the decision of the First Board of Appeal of
OHIM of 25 June 2002 (Case R 484/2000-1), concerning
opposition proceedings between Calpis Co. Ltd and Krüger
GmbH & Co. KG — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
Wiszniewska-Białecka,
for
the Registrar, gave a judgment on 20 April 2005, in which it:

I. Natsinas, Administrator,

Judges;

1. Dismisses the action;