Judgment of the Court of First Instance of 13 July 2005 in Case T-5/04: Carlo Scano v Commission of the European Communities (Officials — Internal competition — Multiple-choice questions — Refusal by the selection board not to take account of certain questions — Equal treatment — Principle of good administration — Ambit of judicial review — Action for annulment — Action for damages)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, competition (EU)

17.9.2005

EN

Official Journal of the European Union

C 229/15

(España), SL, and Aladin Gesellschaft für innovative mikrobiolo-
gische Systeme GmbH — the Court of First Instance (Fourth
Chamber), composed of H. Legal, President, V. Tiili and V.
Vadapalas, Judges; J. Palacio González, Principal Administrator,
for the Registrar, gave a judgment on 14 July 2005, in which
it:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 31 January 2003;

2. Orders OHIM to pay the costs.

(1) OJ C 135 of 7.6.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 July 2005

in Case T-312/03 Wassen International Ltd v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition proceedings —
Earlier national figurative mark comprising the word element
‘Selenium Spezial A-C-E’ — Application for Community
word mark SELENIUM-ACE — Relative ground for refusal
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 July 2005

in Case T-371/03, Vincenzo Le Voci v Council of the Euro-
pean Union (1)

(Officials — Internal competition — Non-admission to the
oral tests — Breach of the competition notice — Irregularity
in the conduct of the tests of such a kind as to distort the
results — Principle of equal treatment and non-discrimina-
tion — Principle of sound administration)

(2005/C 229/30)

(Language of the case: English)

In Case T-371/03: Vincenzo Le Voci, an official of the Council
of the European Union, residing in Brussels (Belgium), repre-
sented by G. van der Wal and E. Oude Elferink, lawyer, against
Council of the European Union (Agents: M. Sims and F. Anton)
— application for annulment of
the procedure in internal
competition Council/A/270 or, in the alternative, of the Selec-
tion Board's decision not to admit the applicant to the oral
tests in that competition, — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, V. Tiili and O.
Czúcz, Judges; C. Kristensen, Administrator, for the Registrar,
gave a judgment on 14 July 2005, in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(2005/C 229/29)

(1) OJ C 21 of 24.1.2004.

(Language of the case: English)

In Case T-312/03: Wassen International Ltd, established in
Leatherhead (United Kingdom), represented by M. Edenbor-
ough, Barrister, and S. Mayer, Solicitor, against Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs) (OHIM) (Agents: S. Laitinen and M. Capostagno), the
other party to the proceedings before the Board of Appeal
being Stroschein Gesundkost GmbH, established in Hamburg
(Germany) — ACTION for annulment of the decision of the
Fourth Board of Appeal of OHIM of 18 June 2003 (Case R
121/2002-4),
relating to opposition proceedings between
Wassen International Ltd and Stroschein Gesundkost GmbH, —
the Court of First Instance (Third Chamber), composed of M.
Judges; B. Pastor,
Jaeger, President, V. Tiili and O. Czúcz,
Deputy Registrar, for the Registrar, gave a judgment on 14 July
2005, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 264, 1.11.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 July 2005

in Case T-5/04: Carlo Scano v Commission of the Euro-
pean Communities (1)

(Officials — Internal competition — Multiple-choice ques-
tions — Refusal by the selection board not to take account of
certain questions — Equal treatment — Principle of good
administration — Ambit of judicial review — Action for
annulment — Action for damages)

(2005/C 229/31)

(Language of the case: French)

In Case T-5/04: Carlo Scano, official of the Commission of the
European Communities, resident in Brussels (Belgium), repre-
sented by M.-A. Lucas, lawyer, against the Commission of the

C 229/16

EN

Official Journal of the European Union

17.9.2005

J. Currall,

European Communities,
assisted by
(Agent:
D. Waelbroeck, lawyer, with an address for service in Luxem-
bourg) — action for first, annulment of the decision of the
selection board in the internal competition COM/PA/02 for
advancement from category B to category A establishing the
results of the applicant in the pre-selection tests and refusing to
admit him to the oral test of that competition, of the subse-
quent confirmatory decisions, of the list of successful candi-
dates in that competition in the field in which the applicant
was assessed and of any decision adopted on that basis, and
second, damages — the Court of First
Instance (Fourth
Chamber), composed of H. Legal, President, P. Mengozzi and I.
for
I. Natsinas, Administrator,
Wiszniewska-Białecka,
the Registrar, gave a judgment on 13 July 2005, in which it:

Judges;

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 59 of 6.3.2004.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 July 2005

in Case T-459/04, Jorge Manuel Pinheiro de Jesus Ferreira
v Commission of the European Communities (1)

(Community officials — Appointment — Classification in
grade — Classification in a higher grade)

(2005/C 229/33)

(Language of the case: French)

In Case T-459/04, Jorge Manuel Pinheiro de Jesus Ferreira, offi-
cial of the Commission of the European Communities, residing
in Brussels (Belgium), represented by G. Vandersanden, lawyer,
v Commission of the European Communities (Agents: V. Joris
and M. Velardo, with an address for service in Luxembourg) —
application for annulment of the Commission's decision of 18
March 2004, by which it definitively classified the applicant in
Grade A5, step 3 — the Court of First Instance, composed of S.
Papasavvas, Judge; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 14 July 2005, in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 July 2005

in Case T-157/04 Joël De Bry v Commission of the Euro-
pean Communities (1)

1) Dismisses the application;

2) Orders each party to pay its own costs.

(Officials — Career development report — Appraisal exercise
2001/2002)

(1) JO C 45 of 19.2.2005

(2005/C 229/32)

(Language of the case: French)

In Case T-157/04: Joël De Bry, an official of the Commission of
the European Communities, residing in Woluwé-Saint-Lambert
(Belgium), represented by S. Orlandi, A. Coolen, J.-N. Louis and
É. Marchal, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
L. Lozano Palacios and H. Kraemer, with an address for service
in Luxembourg) — application for annulment of the decision
of 26 May 2003 establishing the applicant's career develop-
ment report for the period 1 July 2001 to 31 December 2002,
the Court of First Instance (Single Judge: M. Pirrung); I. Natsinas,
Administrator, for the Registrar, has delivered a judgment on
12 July 2005 in which it:

1. Annuls the decision of 26 May 2003 establishing the applicant's
for the period 1 July 2001 to 31

career development report
December 2002;

ORDER OF THE COURT OF FIRST INSTANCE

of 9 June 2005

in Case T-188/02: Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition — Withdrawal of
opposition — No need to adjudicate)

(2005/C 229/34)

2. Orders the Commission to pay the costs.

(Language of the case: German)

(1) OJ C 168 of 26.6.2004.

In Case T-188/02: Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG, established in Berlin, repre-
sented by K.-D. Rathke, lawyer, against Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) (OHIM)