Case T-272/03: Judgment of the Court of First Instance of 13 September 2005 — Fernández Gómez v Commission (Staff cases — Temporary agent — Article 2(a) of the CEOS — Admissibility — Confirmatory act — Limitation of the duration of the contract — Possibility of renewal — Anti-overlap rule — Period worked as a national expert on secondment — Discretionary power of the Commission)
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), servant (EU), work contract

15.10.2005

EN

Official Journal of the European Union

C 257/9

Judgment of the Court of First Instance of 13 September
2005 — Atienza Morales v Commission

(Case T-99/03) (1)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by I Mayer and M.G.
Schneider, Agents)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Meaning of ‘international organisation’)

Application for:

(2005/C 257/15)

Language of the case: French

annulment of the decisions of the Third Board of Appeal of
OHIM of 12 March 2003 (Cases R 638/2002-3 and R
641/2002-3), in relation to registration of the word signs Digi-
FilmMaker and DigiFilm as Community trade marks

Parties:

Applicant(s): Maria Luisa Atienza Morales (Brussels, Belgium)
(represented by: É. Boigelot, lawyer)

Operative part of the judgment:

Defendant(s): Commission of the European Communities (repre-
sented by: J. Curral and V. Joris, agents)

The Court:

Application for:

(i) annulment of the Commission's decision of 20 June 2002
refusing to grant the applicant payment of the expatriation
allowance laid down in Article 4(1)(a) of Annex VII to the Staff
Regulations of Officials of the European Communities and the
Commission's decision of 13 December 2002 rejecting the
complaint brought to that end and (ii) payment of that allow-
ance from 1 April 2002

1. Dismisses the actions.

2. Orders the applicant to pay the costs.

(1) OJ C 184, 2.8.2003

Operative part of the judgment:

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 124 , 24.5.2003.

Judgment of the Court of First Instance of 13 September
2005 — Fernández Gómez v Commission

(Case T-272/03) (1)

(Staff cases — Temporary agent — Article 2(a) of the CEOS
— Admissibility — Confirmatory act — Limitation of the
duration of the contract — Possibility of renewal — Anti-
overlap rule — Period worked as a national expert on second-
ment — Discretionary power of the Commission)

Judgment of the Court of First Instance of 8 September
2005 — CeWe Color v OHIM

(Joined Cases T-178/03 and 179/03) (1)

(Community trade mark — Word signs DigiFilm and Digi-
refusal — Article
FilmMaker — Absolute grounds for

7(1)(b) and (c) of Regulation (EC) No 40/94)

Parties:

(2005/C 257/17)

Language of the case: French

(2005/C 257/16)

Language of the case: German

(Brussels,
Applicant(s): Maria Dolores
Belgium) (represented initially by J. Iturriagagoitia Bassas and K.
Delvolvé and then by J. Iturriagagoitia Bassas, lawyers)

Fernández Gómez

Parties:

Applicant(s): CeWe Color AG & Co. OHG (Oldenburg,
Germany) (represented by C. Spintig, S. Richter, U. Sander and
H. Förster, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented initially by J. Curral, H. Tserepa-Lacombe and F.
Clotuche-Duvieusart and then J. Curral and H. Tserepa-
Lacombe, as agents)

C 257/10

EN

Official Journal of the European Union

15.10.2005

Application for:

2) Orders the parties to bear their own costs.

(i) annulment of the decision of the Authority Responsible for
Concluding Contracts of Employment of 12 May 2003
rejecting the request for renewal of the applicant's temporary
agent contract and (ii) an order that the Commission pay the
sum of EUR 101 328,60, together with default
interest, as
compensation for the damage suffered

Operative part of the judgment:

The Court:

1) Annuls the decision of the Authority Responsible for Concluding
Contracts of Employment of 12 May 2003 rejecting the request
for renewal of the applicant's contract;

2) Orders

the Commission to pay the applicant

the

compensation for

sum of
the

EUR 50 000 (fifty thousand euro) as
damage suffered;

3) Orders the Commission to pay its own costs and those of the
applicant, including those of the procedure for interim measures.

(1) OJ C 251, 18.10.2003.

Judgment of the Court of First Instance of 13 September
2005 — Recalde Langarica v Commission

(Case T-283/03) (1)

(Officials — Expatriation allowance — Article 4(1)(a) of
Annex VII to the Staff Regulations — Rights of the defence
— Article 26 of the Staff Regulations — Manifest error of
assessment — Meaning of ‘habitually reside’ — Work done
for another State)

(2005/C 257/18)

Language of the case: Spanish

(1) OJ C 239 of 4.10.2003.

Judgment of the Court of First Instance of 13 September
2005 — Hosman-Chevalier v Commission

(Case T-72/04) (1)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Meaning of ‘work done for another State’)

(2005/C 257/19)

Language of the case: French

Parties:

Applicant(s): Sonja Hosman-Chevalier (Brussels, Belgium) (repre-
sented by J. R. García-Gallardo Gil-Fournier, E. Wouters and A.
Sayagués Torres, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by J. Currall and M. Velardo, Agents)

Application for:

annulment of the Commission's decision of 29 October 2003
refusing to pay the applicant the expatriation allowance under
Article 4 of Annex VII to the Staff Regulations of Officials of
the European Communities and the allowances associated
therewith

Parties:

Applicant: Recalde Langarica (Brussels, Belgium) [represented
by: R.García-Gallardo Gil-Fournier and D. Domínguez Pérez,
lawyers]

Defendant: Commission of the European Communities [repre-
sented by: J. Currall, acting as Agent, and J. Rivas Andrés and J.
Gutiérrez Gisbert, lawyers]

Operative part of the judgment:

The Court:

1) Annuls the decisions of 8 April and 29 October 2003 in so far
as they refuse to grant the applicant payment of the expatriation
allowance laid down in Article 4(1)(a) of Annex VII to the Staff
the European Communities and
Regulations of Officials of
payment of the installation allowance laid down in Article 5(1) of
that same annex;

Application for:

annulment of
applicant's entitlement to the expatriation allowance.

the Commission's decision withdrawing the

2) Dismisses the remainder of the application;

3) Orders the Commission to bear all the costs.

Operative part of the judgment:

(1) OJ C 94, 17.4.2004.

The Court:

1) Dismisses the action.