Judgment of the Court of First Instance of 4 May 2005 in Case T-30/04 João Andrade Sena v European Aviation Safety Agency (AESA staff — Rejection of candidature for the post of Executive Director — Recruitment procedure — Statement of reasons — Manifest error of assessment — Principle of good administration)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Food Safety Authority, action by staff, appointment of staff, indemnification, recruitment, servant (EU), staff assessment

9.7.2005

EN

Official Journal of the European Union

C 171/19

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 April 2005

in Case T-431/03: Liam O'Bradaigh v Commission of the
European Communities (1)

(Public service — Reopening of an internal competition —
Non-entry on the list of suitable candidates)

(2005/C 171/33)

(Language of the case: French)

the European Economic

the
In Case T-431/03: Liam O'Bradaigh, a member of
temporary staff of
and Social
Committee (ECOSOC), residing in Mechelen (Belgium), repre-
sented by J.-N. Louis, S. Orlandi, A. Coolen and E. Marchal,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and H. Kraemer, with an address for service in Luxembourg) —
application for annulment of
the selection
board for internal competition COM/TB/99 awarding the appli-
cant, for his oral test, a mark insufficient for his name to be
entered on the list of suitable candidates drawn up following
the competition,
Instance (Single Judge:
J. Pirrung); I. Natsinas, Administrator, for the Registrar, gave a
judgment on 26 April 2005 in which it:

the Court of First

the decision of

Koch Moreno, lawyer, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agent: S.
Laitinen), the other party to the proceedings before the Board
of Appeal of OHIM being Bluenet Ltd, established in Limerick
(Ireland) — application for annulment of the decision of the
Second Board of Appeal of OHIM of 17 November 2003 (Case
R 238/2002-2) relating to opposition proceedings brought by
the holder of the mark West against the application for the
mark Westlife — the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, N.J. Forwood and S. Papa-
savvas, Judges; B. Pastor, Assistant Registrar, for the Registrar,
gave a judgment on 4 May 2005, in which it:

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 17 November 2003 (Case R 238/2002-2);

2. Orders OHIM to bear its own costs and those incurred by the

applicant.

(1) OJ C 94, 17.4.2004.

1. Dismisses the application;

2. Orders the parties to bear their own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ No C 47 of 21.02.04.

of 4 May 2005

in Case T-30/04 João Andrade Sena v European Aviation
Safety Agency (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 May 2005

(AESA staff — Rejection of candidature for the post of
Executive Director — Recruitment procedure — Statement of
reasons — Manifest error of assessment — Principle of good
administration)

in Case T-22/04: Reemark Gesellschaft für Markenkoopera-
tion mbH v Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) (1)

(Community Trade Mark — Opposition proceedings —
Application for Community word mark Westlife — Earlier
national mark West — Likelihood of confusion — Similarity
of the signs)

(2005/C 171/34)

(Language of the case: English)

In Case T-22/04: Reemark Gesellschaft für Markenkooperation
mbH, established in Hamburg (Germany), represented by P.

(2005/C 171/35)

(Language of the case: French)

In Case T-30/04: João Andrade Sena, residing in Rhode-Saint-
Genèse (Belgium), represented by G. Vandersanden, L. Levi and
A. Finchelstein, lawyers, with an address for service in Luxem-
bourg, against European Aviation Safety Agency (AESA) (Agent
M. Junkkari assisted by D. Waelbroeck and I. Antypas, lawyers)
— application for annulment of AESA's decisions to reject the

C 171/20

EN

Official Journal of the European Union

9.7.2005

applicant's candidature for the post of Executive Director and
appoint another candidate to that post and also application for
the payment of damages in respect of material and non-mate-
rial damage — the Court of First Instance (Fourth Chamber),
composed of H. Legal, President, P. Lindh and V. Vadapalas,
Judges; I. Natsinas, Registrar, gave a judgment on 4 May 2005,
in which it:

1. Dismisses the application;

2. Orders AESA to pay the costs.

(1) OJ C 94, 17.4.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 March 2005

in Joined Cases T-228/00, T-229/00, T-242/00, T-243/00, T-
245/00 to T-248/00, T-250/00, T-252/00, T-256/00 to T-
259/00, T-265/00, T-267/00, T-268/00, T-271/00, T-274/00
to T-276/00, T-281/00, T-287/00 and T-296/00, Gruppo
ormeggiatori del porto di Venezia Soc. coop. rl, and
Others v Commission of the European Communities (1)

(State aid — Commission decision declaring incompatible
with the common market unlawful aid schemes and requiring
repayment of incompatible aid — National procedure for
repayment precluded — Action for annulment — No legal
interest in bringing proceedings — Inadmissibility)

(2005/C 171/36)

(Language of the case: Italian)

In Joined Cases T-228/00, T-229/00, T-242/00, T-243/00, T-
245/00 to T-248/00, T-250/00, T-252/00, T-256/00 to T-259/
00, T-265/00, T-267/00, T-268/00, T-271/00, T-274/00 to

established in Venice,

represented by G. Orsoni, A. Pavanini

T-276/00, T-281/00, T-287/00 and T-296/00, Gruppo ormeg-
giatori del porto di Venezia Soc. coop. rl, established in Venice
(Italy), represented by F. Munari, lawyer, with an address for
service in Luxembourg, applicant in Case T-228/00, Gruppo
ormeggiatori del porto di Chioggia Piccola Soc. coop. rl, estab-
lished in Venice, represented by S. Carbone, A. Taramasso and
F. Munari, lawyers, with an address for service in Luxembourg,
applicant in Case T-229/00, Compagnia lavoratori portuali Soc.
coop. rl, Società cooperativa lavoratori portuali San Marco
Venezia Soc. coop. rl, established in Venice, represented by
A. Bortoluzzi and C. Montagner, lawyers, with an address for
service in Luxembourg, applicants in Case T-242/00, Portaba-
gagli del porto di Venezia Soc. coop. rl, established in Venice,
represented by A. Bortoluzzi and C. Montagner, lawyers, with
an address for service in Luxembourg, applicant in Case T-243/
represented by
00, Abibes SpA,
G. Orsoni, G. Simeone and A. Schmitt,
lawyers, with an
address for service in Luxembourg, applicant in Case T-245/00,
represented by
Fluvio Padana Srl, established in Venice,
G. Orsoni, G. Simeone and A. Schmitt,
lawyers, with an
address for service in Luxembourg, applicant in Case T-246/00,
Serenissima motoscafi Srl, established in Venice, represented by
lawyers, with an
G. Orsoni, A. Pavanini and A. Schmitt,
address for service in Luxembourg, applicant in Case T-247/00,
Integrated Shipping Co. SpA (ISCO), established in Venice,
represented by G. Orsoni, G. Simeone and A. Schmitt, lawyers,
with an address for service in Luxembourg, applicant in Case
T-248/00, Società cooperativa veneziana motoscafi, Soc. coop.
rl, Cooperativa ‘San Marco’ motoscafi in servizio pubblico Soc.
coop. rl, Cooperativa serenissima taxi Soc. coop. rl, established
in Venice,
and
A. Schmitt, lawyers, with an address for service in Luxembourg,
applicants in Case T-250/00, Cooperativa ducale fra gondolieri
di Venezia, Soc. coop. rl, Gondolieri Bauer Soc. coop. rl, estab-
lished in Venice, represented by M. Giantin,
lawyer, with an
address for service in Luxembourg, applicants in Case T-252/
00, Sacra Srl, established in Venice, represented by M. Marinoni,
G.M. Roberti and F. Sciaudone, lawyers, with an address for
service in Luxembourg, applicant in Case T-256/00, Fonda-
mente nuove servizio taxi e noleggio, Soc. coop. rl, Bucintoro
motoscafi servizio taxi e noleggio Soc. coop. rl, established in
and
Venice,
C. Montagner, lawyers, with an address for service in Luxem-
bourg, applicants in Case T-257/00, Multiservice Srl, estab-
lished
and
C. Montagner, lawyers, with an address for service in Luxem-
bourg, applicant in Case T-258/00, Veneziana di navigazione
SpA, established in Venice, represented by A. Bortoluzzi and
C. Montagner, lawyers, with an address for service in Luxem-
bourg, applicant
in Case T-259/00, Cooperativa traghetto
S. Lucia Soc. coop. rl, established in Venice, represented by
A. Bortoluzzi, C. Montagner and F. Stivanello Gussoni, lawyers,
with an address for service in Luxembourg, applicant in Case
T-265/00, Comitato ‘Venezia vuole vivere’, established in
Venice, represented,
in Cases T-265/00 and T-267/00, by
A. Bortoluzzi, C. Montagner and F. Stivanello Gussoni and, in
Cases T-274/00 to T-276/00, T-281/00, T-287/00 and T-296/
00, by A. Bianchini,
lawyers, with an address for service in
Luxembourg, applicant in Cases T-265/00, T-267/00, T-274/
00 to T-276/00, T-281/00, T-287/00 and T-296/00, Coopera-
tiva Daniele Manin fra gondolieri di Venezia Soc. coop. rl,
Bortoluzzi,
established
C. Montagner and F. Stivanello Gussoni,
lawyers, with an
address for service in Luxembourg, applicant in Case T-267/00,
Conepo servizi Soc. coop. rl, established in Venice, represented
by A. Biagini, S. Scarpa and P. Pettinelli,
lawyers, with an
address for service in Luxembourg, applicant in Case T-268/00,
Ligabue Catering SpA, established in Venice, represented by

represented by R. Vianello, A. Bortoluzzi

in Venice,

in Venice,

represented

represented

Bortoluzzi

by A.

by A.