Judgment of the Court of First Instance of 11 May 2005 in Case T-25/03, Marco de Stefano v Commission of the European Communities (Community officials — Open competition — Non-admission to tests — Required diplomas)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative competition, administrator, audit, competition (EU), equivalence of diplomas

C 171/14

EN

Official Journal of the European Union

9.7.2005

the Board of Appeal of OHIM, intervener before the Court of
First Instance, being France Cartes SAS, established in Saint
Max (France), represented by C. de Haas, lawyer — ACTION
brought against three decisions of the Second Board of Appeal
of OHIM of 28 February 2002 (Cases R 771/2000 2, R
770/2000-2 and R 766/2000 2), relating to invalidity proceed-
ings between Naipes Heraclio Fournier, SA, and France Cartes
SAS, — the Court of First Instance (Third Chamber), composed
I.
of M.
Natsinas, Administrator, for the Registrar, gave a judgment on
11 May 2005, in which it:

Jaeger, President, V. Tiili and O. Czúcz,

Judges;

composed of H. Legal, President, P. Mengozzi and I. Wisz-
niewska-Białecka, Judges; H. Jung, Registrar, gave a judgment
on 4 May 2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 19 of 25.1.2003.

1. Dismisses the applications;

2. Dismisses the intervener's claim that the applicant be ordered to
pay the costs as inadmissible in respect of the costs incurred before
the Cancellation Division;

3. Orders the applicant to pay the costs of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) and the
remainder of the intervener's costs;

JUDGMENT OF THE COURT OF FIRST INSTANCE

4. Dismisses the remainder of the intervener's claims.

of 11 May 2005

(1) OJ C 180, 27.7.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 May 2005

in Case T-359/02 Chum Ltd v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Word mark STAR TV — Oppo-
sition of the owner of the international figurative mark
STAR TV — Refusal to register)

(2005/C 171/23)

(Language of the case: English)

In Case T-359/02: Chum Ltd, established in Toronto (Canada),
represented by M.J. Gilbert, lawyer, against Office for Harmoni-
sation in the Internal Market
(Trade Marks and Designs)
(OHIM) (Agents: P. Bullock and S. Laitinen), the other party to
the proceedings before the Board of Appeal of OHIM having
been Star TV AG, established in Schlieren (Switzerland) —
action brought against the decision of the Second Board of
Appeal of OHIM of 17 September 2002 (Case R 1146/2000-
2), relating to opposition proceedings between Chum Ltd and
Star TV AG — the Court of First Instance (Fourth Chamber),

in Case T-25/03, Marco de Stefano v Commission of the
European Communities (1)

(Community officials — Open competition — Non-admission
to tests — Required diplomas)

(2005/C 171/24)

(Language of the case: French)

the European Communities

In Case T-25/03, Marco de Stefano, official of the Commission
of the European Communities, residing in Brussels (Belgium),
represented by G. Vandersanden and G. Verbrugge, lawyers, v
Commission of
(Agents: H.
Tserepa-Lacombe and L. Lozano Palacios, with an address for
service in Luxembourg) — action for annulment of the selec-
tion board's decision of 8 April 2002 rejecting the applicant's
candidature
the
purpose of constituting a reserve for recruitment of A7/A6
administrators in the area of auditing and, in the alternative, a
claim for damages — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
Wiszniewska-Białecka, Judges; M. I. Natsinas, Administrator, for
the Registrar, has given a judgment on 11 May 2005, in which
it:

in competition EUR/A/166/01, held for

1 Dismisses the action.

2 Orders each party to bear its own costs.

(1) OJ C 83 of 5.4.2003