Case T-138/05: Action brought on 23 March 2005 by Commission of the European Communities against Impetus Consultants
Date: 2005-07-23
Institutions: Court of First Instance
Subjects: EU financing, EU programme, appeal to the Court (EU), contract, debt, financial control, payment, telematics

C 182/36

EN

Official Journal of the European Union

23.7.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 22 April 2005

in Case T-399/03 Arnaldo Lucaccioni v Commission of the
European Communities (1)

(Officials — Occupational illness — Request for recognition
of aggravation — Implementation of a judgment of the
Court of First Instance — Legal classification of a note of the
Commission — Action for annulment — Inadmissibility)

for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM), the other party to the proceedings before the
Board of Appeal of OHIM being Aparellaje eléctrico, SL, estab-
lished in Hospitalet de Llobregat (Spain) — action brought
against the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of 7
July 2004 (Case R 366/2002-4) concerning an application for
registration of the word mark UNEX as a Community trade
Instance (Fourth Chamber),
mark — the Court of First
composed of H. Legal, President, P. Mengozzi and I. Wisz-
niewska-Białecka, Judges; H. Jung, Registrar, made an order on
28 February 2005, the operative part of which is as follows:

(2005/C 182/67)

(Language of the case: French)

lawyers,

against Commission of

In Case T-399/03: Arnaldo Lucaccioni, former official of the
the European Communities, residing in St-
Commission of
Leonards-on-Sea, represented by J. R.
Iturriagagoitia and K.
the European
Delvolvé,
Communities (Agent: J. Currall, assisted by J.-L. Fagnart, lawyer,
with an address for service in Luxembourg) — action for annul-
ment of the decision of the Commission of 10 March 2003
implementing the judgment of the Court of First Instance of 26
February 2003 given in Case T-212/01, and for annulment of
the medical report compiled during that procedure — the
Court of First
J.
Pirrung, President, N.J. Forwood and S. Papasavvas, Judges; H.
Jung, Registrar, made an order on 22 April 2005, the operative
part of which is as follows:

Instance (Second Chamber), composed of

1. The action is dismissed as being manifestly inadmissible.

2. The applicant shall bear its own costs.

(1) OJ C 31 of 5.2.2005.

Action brought on 23 March 2005 by Commission of the
European Communities against Impetus Consultants

1. The application is dismissed as inadmissible.

2. Each party shall bear its own costs.

(Case T-138/05)

(2005/C 182/69)

(1) OJ C 47, 21.2.2004

(Language of the case: Greek)

ORDER OF THE COURT OF FIRST INSTANCE

the company,

An action against
Impetus Consultants, was
brought before the Court of First Instance of the European
Communities on 23 March 2005 by the Commission of the
European Communities, represented by D. Triandafilou, assisted
by N. Kostikas, lawyer.

of 28 February 2005

The applicant claims that the Court should:

in Case T-445/04 Energy Technologies ET S.A. v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Representation by a lawyer —
Manifest inadmissibility)

(2005/C 182/68)

(Language of the case: English)

— order the defendant to pay the amount of EUR 235 655,21
comprising EUR 160 380,35, by way of capital, and
EUR 75 274,86, in respect of interest for late payment, as
from the due date on the basis of each debit note;

— order the defendant to pay as from 15 March 2005 until
full settlement the debt arising out of the ‘COP 493 —
Invite’ contract daily interest in the amount of EUR 41,93;
in regard to the debt arising out of the ‘TR 1006 — Ausias’
contract daily interest in the amount of EUR 1,66 and in
regard to the ‘V 2043 — Artis’ contract daily interest of
EUR 1,01;

In Case T-445/04: Energy Technologies ET S.A., established in
Fribourg (Switzerland), represented by A. Boman, against Office

— order the defendant to pay the costs.

23.7.2005

EN

Official Journal of the European Union

C 182/37

Pleas in law and main arguments

The European Community,
represented by the European
Commission, entered into three contracts with the defendant in
the context of Community framework programmes for research
and development. Those contracts were more specifically:

— ‘COP 493 — Invite’, which specifically concerned the
carrying out of a project under the title ‘telematics for
internal navigation’ and was to be implemented within 24
months as from 30 December 1994. The defendant was a
member and the co-ordinator of the relevant group.

— ‘TR 1006 — Ausias’, which specifically concerned the
carrying out of a project under the title ‘Αdvanced telematic
systems for integrated transport in conurbations’ and was
to be implemented within 23 months as from 30 December
1995. The defendant was a member of the relevant group.

— ‘V 2043 — Artis’, which concerned the carrying out of a
project under the title ‘Αdvanced telematic systems for road
transport in Spain’ and was to be implemented within 12
months as from 1 January 1992. The defendant was a
member of the relevant group.

In all those cases it was provided that the Commission would
make a financial contribution to the relevant project under the
terms laid down in each agreement. In respect of each agree-
ment the Commission paid to the defendant advances on its
financial contribution.

Following financial checks, the Commission found that the
defendant was using only a part of the monies paid over to it
for the purposes of the relevant project. Specifically:

— Under the ‘V 2043 — Artis’ contract the defendant, as a
member of
the relevant association, received from the
Commission an advance in the amount of EUR 62 621,86.
The Commission adjudged that only the amount of
EUR 53 391,09 had been used by the defendant
for
carrying out the actual programme and has issued a debit
note in the amount of EUR 9 320,77 against the defen-
dant.

By its action the Commission seeks repayment of the above-
mentioned amounts owed, together with interest thereon,
in
accordance with the law applicable to each contract, that is to
say, in the case of the first contract, Greek law and, in the case
of the other two contracts, Spanish law.

Action brought on 25 April 2005 by Grether AG against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-167/05)

(2005/C 182/70)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 25
April 2005 by Grether AG, established in Binningen (Swit-
zerland), represented by V. von Bomhard, A. Pohlmann and A.
Renck, lawyers.

the

— Under the ‘COP 493 — Invite’ contract the Commission
paid to the defendant as the group coordinator an advance
in the amount of EUR 257 400. The defendant passed on
of
to
other
of
EUR 79 062,70
of
EUR 178 337,30
EUR 42 000 was used for the actual programme. The
Commission has issued a debit note in the amount of
EUR 136 037,30 against the defendant.

participants
and
of which

amount
amount
amount

retained

only

only

the

the

the

Crisgo (Thailand) Co.,
in Samutsakorn
(Thailand) was also a party to the proceedings before the Board
of Appeal.

established

Ltd

The applicant claims that the Court should:

— Under the ‘TR 1006 — Ausias’ contract the Commission
paid to the group in respect of the period during which the
defendant was a member of it an advance in the amount of
EUR 78 341,91. The Commission discovered that only the
amount of EUR 63 229,63 had been used by the defendant
for the actual programme and has issued a debit note in the
amount of EUR 15 112,28 against the defendant.

— annul in its entirety Decision R250/2002-4 of 14 October
2004 of the Board of Appeal of the Office of Harmonisa-
tion in the Internal Market (Trade Marks and Designs);

— order that the costs of the proceedings be borne by the

defendant.