Judgment of the Court of First Instance of 2 June 2005 in Case T-177/03 Andreas Strohm v Commission of the European Communities (Officials — Refusal of promotion to Grade A4 — Consideration of comparative merits — Duty to state grounds — Additional statement of grounds — Action for annulment and compensation — Admissibility)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Commission, action for failure to act, administrator, promotion, regulations for civil servants

C 193/24

EN

Official Journal of the European Union

6.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2005

in Case T-375/02 Alessandro Cavallaro v Commission of
the European Communities (1)

(Officials — Open competition — Decision of the selection
board not to admit a candidate to the oral tests in conse-
quence of the result obtained in the written test — Secrecy of
the selection board — Statement of
the proceedings of

reasons — Equal treatment — Error of fact)

(2005/C 193/37)

(Language of the case: Italian)

In Case T-375/02: Alessandro Cavallaro, residing in Rome
(Italy), represented by C. Forte, lawyer, against Commission of
the European Communities (Agents: J. Currall and L. Lozano
Palacios, assisted by A. Dal Ferro, lawyer, with an address for
service in Luxembourg) — application for annulment of the
decision of the appointing authority of 11 September 2002
rejecting the applicant's complaint lodged against the decision
of the selection board in Open Competition COM/A/6/01 of
15 May 2002 to give him an insufficient mark for the written
test in that competition and, in consequence, not to admit him
to the oral tests, and for annulment of the subsequent stages of
that competition, in so far as is necessary to restore his rights
— the Court of First Instance (Fifth Chamber), composed of M.
Vilaras, President, M.E. Martins Ribeiro and K. Jürimäe, Judges;
M.J. Plingers, Administrator, for the Registrar, gave a judgment
on 7 June 2005, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 44 of 22.2.2003.

(Belgium), represented by F. Renard, lawyer, against Council of
the European Union (Agents: M. Sims and F. Anton) — applica-
tion, firstly, for annulment of the decision drawing up the
applicant's final staff report for the 1999/2001 period and,
secondly, for compensation for the damage allegedly suffered
by her — the Court of First Instance (First Chamber), composed
of J.D. Cooke, President, R. García-Valdecasas and I. Labucka,
Judges;
for the Registrar, gave a
judgment on 31 May 2005, the operative part of which is as
follows:

I. Natsinas, Administrator,

1. There is no need to adjudicate on the claims for annulment;

2. The claims for compensation are rejected as unfounded;

3. The parties shall bear their own costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 June 2005

in Case T-177/03 Andreas Strohm v Commission of the
European Communities (1)

(Officials — Refusal of promotion to Grade A4 — Consid-
eration of comparative merits — Duty to state grounds —
Additional statement of grounds — Action for annulment
and compensation — Admissibility)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 193/39)

of 31 May 2005

(Language of the case: German)

in Case T-105/03 Triantafyllia Dionyssopoulou v Council
of the European Union (1)

(Officials — Staff report — Action for annulment — No
longer any legal interest in bringing proceedings — No need
to adjudicate — Action for compensation)

(2005/C 193/38)

(Language of the case: French)

In Case T-105/03: Triantafyllia Dionyssopoulou, a former offi-
cial of the Council of the European Union, residing in Brussels

the European Communities,

In Case T-177/03: Andreas Strohm, an official of the Commis-
sion of
residing in Brussels
(Belgium), represented by C. Illig, lawyer, against Commission
the European Communities (Agents: C. Berardis-Kayser,
of
assisted by B. Wägenbaur, lawyer, with an address for service
in Luxembourg) — application for annulment of the Commis-
sion's decision dated 14 August 2002, not to promote the
applicant to Grade A4 in the 2002 procedure, and for compen-
sation — the Court of First Instance (Fifth Chamber), composed
of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; C.
Kristensen, Administrator, for the Registrar, gave a judgment
on 2 June 2005, in which it:

6.8.2005

EN

Official Journal of the European Union

C 193/25

1. Annuls the Commission's decision, dated 14 August 2002, not
to promote the applicant to Grade A4 in the 2002 promotion
procedure;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Dismisses the application as inadmissible in so far as it seeks

compensation for the applicant;

of 7 June 2005

3. Orders the defendant to bear all the costs.

(1) OJ C 200 of 20.8.2003.

in Case T-303/03 Lidl Stiftung v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for word mark Salvita — Earlier national word mark
SOLEVITA — Proof of use of the earlier national trade mark
— Rejection of the opposition)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 193/41)

of 31 May 2005

(Language of the case: German)

in Case T- 294/03, Jean-Louis Gibault v Commission of the
European Communities (1)

(Open competition — Non-inclusion on the list of successful
candidates — Lack of a statement of reasons — Discrimina-
tion on grounds of nationality)

(2005/C 193/40)

(Language of the case: French)

by

lawyer,

represented

F.Tuytschaever,

Jean-Louis Gibault, residing in Wattrelos
In Case T-294/03:
(France),
against
Commission of the European Communities (Agent: J. Currall,
with an address for service in Luxembourg) — application for
annulment of the decision of the selection board for open
competition COM/A/6/01 not to include the applicant on the
list of successful candidates — the Court of First Instance (First
Chamber), composed of J.D. Cooke, President, I. Labucka and
V. Trstenjak, Judges; I. Natsinas, Administrator, for the Regis-
trar, gave a judgment on 31 May 2005, in which it:

1. Dismisses the application as unfounded;

2. Orders the parties to bear their own costs.

(1) OJ C 251 of 18.10.2003.

In Case T-303/03: Lidl Stiftung & Co. KG, established in Neck-
arsulm (Germany), represented by P. Groß, lawyer, against the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: U. Pfleghar and G. Schneider),
the other party to the proceedings before the Board of Appeal
of OHIM,
intervener before the Court, being REWE-Zentral
AG, established in Cologne (Germany), represented initially by
M. Kinkeldey, and subsequently by M. Kinkeldey and C.
Schmitt, lawyers — action brought against the decision of the
First Board of Appeal of OHIM of 30 June 2003 in Case R
408/2002-1 concerning the opposition of the proprietor of the
national mark SOLEVITA to the registration of the Community
word mark Salvita — the Court of First
Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Šváby, Judges; H. Jung, Registrar, gave a judgment on 7 June
2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 275 of 15.11.2003.