Case T-274/04: Judgment of the Court of First Instance of  8 December 2005  — Rounis v Commission (Officials — Staff report — Action for annulment — No longer any legal interest in bringing proceedings — No need to adjudicate — Action for damages — Late drawing-up of the staff report)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, regulations for civil servants, report, staff assessment

C 48/30

EN

Official Journal of the European Union

25.2.2006

Judgment of the Court of First Instance of 8 December
2005 — Merladet v Commission

Application for

(Case T-198/04) (1)

(Officials — Career development
report — 2001/2002
appraisal exercise — Proper conduct of the reporting proce-
dure — Action for annulment)

Annulment of Commission Decision C(2004) 471 Final of 16
March 2004 concerning the aid scheme which Italy is planning
to implement in favour of processing and marketing coopera-
tives in order to compensate the damage caused by ovine catar-
rhal fever (blue tongue) (Article 5 of Law No 22 of the Region
of Sardinia of 17 November 2000)

(2006/C 48/56)

Language of the case: French

Parties

Applicant: José Félix Merladet (Overijse, Belgium) (represented
by: N. Lhoëst and E. de Schietere de Lophem, lawyers)

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

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

(1) OJ C 217, 28.8.2004.

Application for

Annulment of
development report for the 2001/2002 appraisal exercise

the decision adopting the applicant's career

Operative part of the judgment

The Court:

Judgment of the Court of First Instance of 8 December
2005 — Rounis v Commission

(Case T-274/04) (1)

1. Annuls the decision adopting the applicant's career development

report for the 2001/2002 appraisal exercise;

2. Orders the Commission to pay the costs.

(Officials — Staff report — Action for annulment — No
longer any legal interest in bringing proceedings — No need
to adjudicate — Action for damages — Late drawing-up of
the staff report)

(1) OJ C 262, 23.10.2004.

(2006/C 48/58)

Language of the case: French

Judgment of the Court of First Instance of 14 December
2005 — Regione autonoma della Sardegna v Commission

(Case T-200/04) (1)

(State aid — Measures on the part of the Italian authorities
aimed at compensating for the damage caused by ovine catar-
rhal fever (blue tongue) — Guidelines concerning State aid
in the agricultural sector)

(2006/C 48/57)

Language of the case: Italian

Parties

Applicant: Georgios Rounis (Brussels, Belgium) (represented by:
E. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and M. Velardo, Agents)

Application for

Firstly, annulment of the appeal assessor's decision to confirm
the applicant's staff reports for the periods 1997/1999 and
1999/2001 and, secondly, damages.

Parties

Operative part of the judgment

The Court:

Applicant: Regione autonoma della Sardegna (represented by: D.
Dodaro and S. Cianciullo, lawyers)

1. Declares that there is no longer any need to adjudicate on the

claims for annulment;

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, Agent)

2. Orders

the Commission to pay

the applicant a sum of

EUR 3 500;

25.2.2006

EN

Official Journal of the European Union

C 48/31

3. Dismisses the remainder of the action;

Order of the Court of First Instance of 25 November 2005
— Pérez-Díaz v Commission

4. Orders the Commission to bear its own costs and to pay two

thirds of those incurred by the applicant.

(Case T-41/04) (1)

(1) OJ C 262, 21.10.2004.

(Officials — Actions for annulment — Lis alibi pendens —
Late submission of the prior complaint through official chan-
nels — Application for compensation closely linked to the
claims for annulment — Manifest inadmissibility)

(2006/C 48/60)

Language of the case: French

Judgment of the Court of First Instance of 15 December
2005 — RB Square Holdings Spain v OHIM

Parties

(Case T-384/04) (1)

(Community trade mark — Figurative mark containing the
word element ‘clean x’ — Opposition by the proprietor of the
earlier national word and figurative marks CLEN — Rejec-
tion of the opposition — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2006/C 48/59)

Language of the case: French

Applicant: Orlando Pérez-Díaz (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

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

Application for

Firstly, annulment of the Commission decision of 21 January
2003 not to enter the applicant on the reserve list of temporary
agents at the end of selection procedure COM/R/A/01/1999
and, secondly, compensation in respect of the damage allegedly
resulting from that decision.

Parties

Applicant: RB Square Holdings Spain, SL (Granollers, Spain)
(represented by: K. Manhaeve, lawyer)

Operative part of the Order

1. The action is dismissed as inadmissible;

2. Each party shall bear its own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Pétrequin and A.
Rassat, Agents)

(1) OJ C 94, 17.4.2004.

Other party to the proceedings before the Board of Appeal of OHIM:
Unelko NV (Zingem, Belgium)

Action

brought against the decision of the Fourth Board of Appeal of
OHIM of 15 June 2004 (Case R 652/2002-4) relating to oppo-
sition proceedings between RB Square Holdings Spain, SL and
Unelko NV

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 300 of 4.12.2004.

Order of the Court of First Instance of 8 December 2005
— Just v Commission

(Case T-91/04) (1)

(Officials — Open competition — Multiple-choice questions
— Accuracy of the answers on the correction form — Action
manifestly unfounded in law)

(2006/C 48/61)

Language of the case: German

Parties

Applicant: Alexander Just (Hoeilaart, Belgium) (represented by:
G. Lebitsch, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer, assisted by B. Wägenbaur, lawyer)