Case T-28/02: Order of the Court of First Instance of  17 October 2005  — First Data Corp. and Others v Commission of the European Communities (Competition — Article 81 EC — Visa payment card scheme — The  no-acquiring-without-issuing  rule — Negative clearance — Rule abolished during the proceedings — Legal interest in bringing proceedings — No need to adjudicate)
Date: 2006-01-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, electronic money, firm governed by commercial law, restriction on competition

C 10/20

EN

Official Journal of the European Union

14.1.2006

Application for

Operative part of the judgment

ACTION brought against the decision of the Fourth Board of
Appeal of OHIM of 30 April 2003 (Case R 913/2001-4)
concerning opposition proceedings between Focus Magazin
Verlag GmbH and ECI Telecom Ltd,

The Court:

1) Dismisses the action;

2) Orders each party to bear its own costs.

Operative part of the judgment

(1) OJ C 179 of 10.7.2004.

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 30 April 2003 (Case R 913/2001-4);

2. Orders the defendant to pay the costs.

Order of the Court of First Instance of 17 October 2005
— First Data Corp. and Others v Commission of the Euro-
pean Communities

(1) OJ C 251, 18.10.2003.

(Case T-28/02) (1)

(Competition — Article 81 EC — Visa payment card scheme
— The ‘no-acquiring-without-issuing’ rule — Negative clear-
ance — Rule abolished during the proceedings — Legal
interest in bringing proceedings — No need to adjudicate)

Judgment of the Court of First Instance of 15 November
2005 — Righini v Commission

(Case T-145/04) (1)

Parties

(2006/C 10/40)

Language of the case: English

(Officials — Temporary staff — Classification in grade and
in step — Classification in the higher career grade)

(2006/C 10/39)

Language of the case: French

Parties

Applicant: Elisabetta Righini (Brussels, Belgium) (represented by:
É. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and C. Berardis-Kayser, Agents, assisted by
D. Waelbroeck, lawyer)

Applicants: First Data Corp. (Wilmington, Delaware, USA), FDR
Ltd (Dover, Delaware, United States), and First Data Merchant
Services Corp. (Sunrise, Florida, USA) (represented by: initially,
P. Bos and M. Nissen, then P. Bos, lawyers)

Defendant: Commission of the European Communities (repre-
sented by:
initially, R. Wainwright, W. Wils and V. Superti,
then R. Wainwright and T. Christoforou, Agents)

Application for

annulment of the fifth indent of Article 1 of Commission Deci-
sion 2001/782/EC of 9 August 2001 relating to a proceeding
under Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case No COMP/29.373 — Visa International) (OJ
2001 L 293, p. 24)

Operative part of the Order

1. There is no need to adjudicate on this case.

Application for

2. The applicants and the Commission shall bear their own costs.

annulment of the Commission's decisions to classify the appli-
cant on her entry into service in Grade A7, step 3, whether as
a member of the temporary staff or as a probationary official,
and,
in so far as is necessary, annulment of the decision of
21 January 2004 rejecting the applicant's complaint

(1) OJ C 109, 4.5.2002.