Case T-415/03: Judgment of the Court of First Instance of  19 October 2005  — Cofradía de pescadores de  San Pedro  de Bermeo and Others v Council (Fisheries — Conservation of the resources of the sea — Relative stability of the fishing activities of each Member State — Fishing quota exchanges — Transfer to the French Republic of part of the fishing quota for anchovy allocated to the Portuguese Republic — Annulment of the provisions authorising that transfer — Reduction, for the Kingdom of Spain, of the effective fishing possibilities — Non-contractual liability of the Community — Rule of law conferring rights on individuals — Actual damage)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: Council of the European Union, France, Portugal, Spain, action for annulment (EU), catch quota, fishing industry

C 330/20

EN

Official Journal of the European Union

24.12.2005

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented originally by D.
Schennen and G. Schneider, and subsequently by A. von
Mühlendahl, D. Schennen and G. Schneider, Agents)

the defendant(s): Commission of the
Intervener(s) in support of
European Communities (represented by:
initially T. van Rijn
and S. Pardo Quintillán, and subsequently T. van Rijn and F.
Jimeno Fernández, Agents) and French Republic (represented
by: G. de Bergues and A. Colomb, Agents)

Application for

Annulment of the decision of the Fourth Board of Appeal of
the OHIM of 27 August 2003 (R 105/2002-4), concerning the
application for registration of the word sign Cloppenburg as a
Community trade mark

Operative part of the judgment

The Court:

1) Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) of 27 August 2003 (R 105/2002-4);

2) Orders the Office for Harmonisation in the Internal Market

(Trade Marks and Designs) to pay the costs.

(1) OJ C 35, 7.2.2004.

Application for

damages to compensate for the loss allegedly suffered by the
applicants following the Council's authorisation of the transfer
to the French Republic of part of the quota for anchovy allo-
cated to the Portuguese Republic.

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicants to bear their own costs and those of the

Council;

3) Orders the French Republic and the Commission to bear their own

costs.

(1) OJ C 47, 21.2.2004.

Judgment of the Court of First Instance of 19 October
2005 — Cofradía de pescadores de ‘San Pedro’ de Bermeo
and Others v Council

(Case T-415/03) (1)

(Fisheries — Conservation of the resources of the sea —
Relative stability of the fishing activities of each Member
State — Fishing quota exchanges — Transfer to the French
Republic of part of the fishing quota for anchovy allocated to
the Portuguese Republic — Annulment of the provisions
authorising that transfer — Reduction, for the Kingdom of
Spain, of the effective fishing possibilities — Non-contractual
liability of the Community — Rule of law conferring rights
on individuals — Actual damage)

Judgment of the Court of First Instance of 25 October
2005 — Fardoom and Reinard v Commission

(Case T-43/04) (1)

(Officials — Career development report — Evaluation exer-
cise 2001-2002)

(2005/C 330/50)

Language of the case: French

(2005/C 330/49)

Parties

Language of the case: Spanish

Parties

Applicant(s): Cofradía de pescadores de ‘San Pedro’ de Bermeo
(Bermeo, Spain) (and the other applicants whose names appear
in the Annex to the judgment, represented by: E. Garayar
Gutiérrez, G. Martínez-Villaseñor, A. García Castillo and M.
Troncoso Ferrer, lawyers)

Defendant(s): Council of the European Union (represented by:
M. Balta and F. Florindo Gijón, Agents)

Applicant(s): Mohammad Reza
Fardoom (Roodt-sur-Syre,
Luxembourg) and Marie-José Reinard (Bertrange, Luxembourg)
(represented by: G. Bouneou and F. Frabetti, lawyers)

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

Application for

annulment, principally, of the evaluation exercise 2001-2002
in so far as it concerns the applicants and, in the alternative, of
the applicants' career development reports in respect of that
period