Case T-132/03: Judgment of the Court of First Instance of 15 September 2005 — Casini v Commission (Commission officials — Promotion — 2002 procedure — Non-inclusion on the list of officials promoted to Grade A 6 — Duty to state reasons — Consideration of the comparative merits — Manifest error of assessment — Probative nature of subsequent statements of members of the personnel service — Action for annulment — Action for damages)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Commission, abuse of power, action for annulment (EU), administrator, equal treatment, promotion

C 281/20

EN

Official Journal of the European Union

12.11.2005

Judgment of the Court of First Instance of 22 September
2005 — Alcon v OHIM

Judgment of the Court of First Instance of 15 September
2005 — Casini v Commission

(Case T-130/03) (1)

(Case T-132/03) (1)

(Community trade mark — Opposition proceedings —
Earlier national word mark TRIVASTAN — Application for
Community word mark TRAVATAN — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(Commission officials — Promotion — 2002 procedure —
Non-inclusion on the list of officials promoted to Grade A 6
— Duty to state reasons — Consideration of the comparative
merits — Manifest error of assessment — Probative nature
of subsequent statements of members of the personnel service
— Action for annulment — Action for damages)

(2005/C 281/36)

Language of the case: English

(2005/C 281/37)

Language of the case: French

Parties

Parties

Applicant(s): Alcon Inc. (Hünenberg, Switzerland) (represented
by: G. Breen, Solicitor, and J. Gleeson, Barrister)

Applicant(s): Paola Casini (Brussels, Belgium) (represented by: G.
Vandersanden, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Palmero Cabezas
and S. Laitinen, Agents)

Other party or parties to the proceedings before the Board of Appeal
of OHIM, intervening before the Court of First Instance: Biofarma
(represented by: V. Gil Vega,
SA,
A. Ruiz Lopez, and D. González Maroto, lawyer)

(Neuilly-sur-Seine, France)

Defendant(s): Commission of the European Communities (repre-
sented by: V. Joris, Agent, and D. Waelbroeck, lawyer)

Application for

annulment of the decision of the Commission not to promote
the applicant to Grade A 6 in respect of the 2002 promotion
procedure, and damages for material and non-material damage
suffered

Application for

annulment of the decision of the Third Board of Appeal of
OHIM of 30 January 2003 (Case R 968/2001-3) concerning
opposition proceedings between Alcon Inc. and Biofarma SA

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

1. Annuls the decision of the Commission of 14 August 2002 not
to promote the applicant to Grade A 6 in respect of the 2002
promotion procedure;

2. Orders the defendant to pay the applicant the sum of EUR 2 000

to compensate for non-material damage she has suffered;

3. Dismisses the remainder of the action;

2. Orders the applicant to pay the costs.

4. Orders the defendant to pay the costs.

(1) OJ C 158, 5.7.2003.

(1) OJ C 146 of 21.6.2003.