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 Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of opposition — No need to adjudicate)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, trade-mark law

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)

17.9.2005

EN

Official Journal of the European Union

C 229/17

(Agents: A. von Mühlendahl and G. Schneider), the other party
to the proceedings before the Board of Appeal of OHIM, inter-
vening before the Court of First Instance, being Roberto Trai-
teur SASU (formerly Roberto S.A.), established in Chevilly
(France), represented by R. Milchior, lawyer, — action against
the decision of the Fourth Board of Appeal of OHIM of 28
February 2002 (Case R 1155/2000-4), relating to opposition
proceedings between Freiberger Lebensmittel GmbH & Co.
Produktions- und Vertriebs KG and Roberto S.A. — the Court
of First Instance (Second Chamber), composed of J. Pirrung,
President, A.W.H. Meij and N. Forwood, Judges; H. Jung, Regis-
trar, made an order on 9 June 2005, the operative part of
which is as follows:

1. There is no need to adjudicate on the application.

2. Each of the parties shall bear its own costs.

(1) OJ C 2002 of 24. 8. 2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-139/03: Nuova Agricast Srl v Commission of the
European Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — Non-disclosure
document
emanating from a Member State without the prior agreement
of that State)

of

(2005/C 229/35)

(Language of the case: Italian)

lawyer, against

represented by M. Calabrese,

In Case T-139/03: Nuova Agricast Srl, established in Cerignola
(Italy),
the
the European Communities (Agents: V. Di
Commission of
Bucci and P. Aalto, assisted by A. Abate,
lawyer, with an
address for service in Luxembourg), supported by the United
Kingdom of Great Britain and Northern Ireland (Agents: initi-
Jackson, with an address for
ally K. Manji, subsequently C.
service in Luxembourg) — action for annulment of
the
Commission's decision refusing the applicant access to certain
documents concerning a scheme of State aid declared compa-
tible with the Common Market by the Commission's Decision
of 12 July 2000 [SG (2000) D/105754 — Aid No 715/99] —
the Court of First Instance (Fifth Chamber), composed of M.

Vilaras, President, F. Dehousse and D. Sváby, Judges; H. Jung,
Registrar, made an order on 8 June 2005, the operative part of
which is as follows:

1. The action is dismissed.

2. Each party shall bear its own costs.

(1) OJ C 146 of 21. 6. 2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-151/03 Nuova Agricast Srl v Commission of the
European Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — Action devoid of purpose)

(2005/C 229/36)

(Language of the case: Italian)

In Case T-151/03: Nuova Agricast Srl, established in Cerignola
(Italy), represented by M. Calabrese, lawyer, against Commis-
sion of the European Communities (agents: V. Di Bucci and
P. Aalto, with A. Abate, lawyer, with an address for service in
Luxembourg), supported by the United Kingdom of Great
Britain and Northern Ireland (agents:
initially, K. Manji and
subsequently C. Jackson, with an address for service in Luxem-
bourg) — application for annulment of the Commission's deci-
sion refusing the applicant access to a document originating
from a Member State — the Court of First Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Sváby, Judges; H. Jung, Registrar, made an order on 8 June
2005, the operative part of which is as follows:

1. The action is dismissed;

2. The applicant is to bear its own costs and to pay those incurred by

the Commission.

(1) OJ C 146 of 21.6.2003.