Case T-96/04: Judgment of the Court of First Instance of  25 October 2005  — Cwik v Commission (Officials — Evaluation exercise 2001/2002 — Career development report — Application for annulment — Plea of illegality — Manifest errors of assessment — Errors of fact — Psychological harassment — Compensation for damage suffered — Non-material damage)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, psychological harassment, staff assessment

24.12.2005

EN

Official Journal of the European Union

C 330/21

Operative part of the judgment

The Court:

1) Annuls the decision adopting the career development report of Ms
Marie-José Reinard in respect of the period from 1 July 2001 to
31 December 2002;

2) Dismisses the remainder of the action;

3) Orders the Commission to pay, in addition to its own costs, those

incurred by Ms Reinard;

4) Orders Mr Mohammad Reza Fardoom to bear his own costs.

(1) OJ C 94, 17.4.2004.

Judgment of the Court of First Instance of 18 October
2005 — Leite Mateus v Commission

(Case T-51/04) (1)

(Officials — Career development

report — Assessment

period 2001/2002)

(2005/C 330/52)

Language of the case: French

Parties

Applicant(s): Carlos Alberto Leite Mateus (Zaventem, Belgium)
J.-N. Louis and E.
(represented by: S. Orlandi, A. Coolen,
Marchal, lawyers)

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

Judgment of the Court of First Instance of 25 October
2005 — Micha v Commission

Application for

(Case T-50/04) (1)

(Officials — Reporting procedure for 1999/2001 — Staff
report — Action for annulment — Obligation to state
reasons — Manifest error of assessment — Delay in drawing
up staff report)

(2005/C 330/51)

Language of the case: French

Parties

Applicant(s): Emmanuel Micha (Roeser, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, Agents)

Application for

Annulment of the decision drawing up a definitive staff report
for the applicant for the period from 1 July 1999 to 30 June
2001

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the Commission to pay its own costs in addition to two

thirds of the costs incurred by the applicant.

Annulment of the appeal assessor's decision of 14 March 2003,
setting out the applicant's career development report for the
assessment period 2001/2002.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders the parties to bear their own costs.

(1) OJ C 94, 17.4.2004

Judgment of the Court of First Instance of 25 October
2005 — Cwik v Commission

(Case T-96/04) (1)

(Officials — Evaluation exercise 2001/2002 — Career devel-
opment report — Application for annulment — Plea of illeg-
ality — Manifest errors of assessment — Errors of fact —
Psychological harassment — Compensation for damage
suffered — Non-material damage)

(2005/C 330/53)

Language of the case: French

(1) OJ C 94, 17.4.2004.

Parties

Applicant(s): Michael Cwik (Tervuren, Belgium) (represented by:
N. Lhoëst and E. de Schietere de Lophem, lawyers)

C 330/22

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Commission of the European Communities (repre-
sented by: L. Lozano Palacios and H. Krämer, Agents)

2. Orders the applicant to pay the costs.

Application for

(1) OJ C 262, 23.10.2004.

Annulment of the decision of the Commission confirming the
applicant's career development report for the period from 1
July 2001 to 31 December 2002 and payment of symbolic
damages for the non-material damage alleged

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 106, 30.4.2004.

Order of the Court of First Instance of 20 September 2005
— Makro Cash & Carry Nederland v Commission

(Case T-258/99) (1)

(State aid — Commission notice on the de minimis rule for
State aid — Service stations — Risk of cumulation of aid —
interest in bringing
Aid covered by the notice — Legal

proceedings)

(2005/C 330/55)

Language of the case: Dutch

Judgment of the Court of First Instance of 27 October
2005 — Eden v OHIM

(Case T-305/04) (1)

Parties

(Community trade mark — Olfactory mark: Smell of ripe
strawberries — Absolute ground for refusal — Sign not
capable of being represented graphically — Article 7(1)(a) of
Regulation (EC) No 40/94)

(2005/C 330/54)

Language of the case: French

Applicant(s): Makro Cash & Carry Nederland BV (Amsterdam,
Netherlands) (represented by: I. Cath, K. Tattersall and R. Blaau-
boer, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: initially G. Rozet and H. Speyart, Agents, assisted by
J.C.M. van der Beek and L. Hancher, lawyers, and subsequently
G. Rozet and H. van Vliet, Agents)

Parties

Application for

Applicant(s): Eden SARL (Paris, France)
Antoine-Lalance, avocat)

(represented by M.

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by A. Folliard-
Monguiral, Agent)

Annulment of Commission Decision 1999/705/EC of 20 July
1999 on the State aid implemented by the Netherlands for 633
Dutch service stations located near the German border (OJ
1999 L 280, p. 87)

Application for

Operative part of the Order

annulment of the decision of the First Board of Appeal of
OHIM of 24 May 2004 (Case R 591/2003-1) concerning regis-
tration of the olfactory sign, Smell of ripe strawberries, as a
Community trade mark

1. The action is dismissed as inadmissible;

2. The applicant shall bear the costs.

Operative part of the judgment

(1) OJ C 34, 5.2.2000.

The Court:

1. Dismisses the action;