Case T-43/04: Judgment of the Court of First Instance of  25 October 2005  — Fardoom and Reinard v Commission (Officials — Career development report — Evaluation exercise 2001-2002)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, staff assessment

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

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)