Joined Cases T-155/03, T-157/03 and T-331/03: Judgment of the Court of First Instance of  13 December 2005  — Cwik v Commission (Officials — Staff report — Promotion exercises 1995/1997, 1997/1999 and 1999/2001 — Actions for annulment — Drawing-up successive staff reports at the same time — Procedural irregularities — Lateness — Personal file — Manifest error of assessment — Misuse of powers — Inconsistency of the statement of reasons — Compensation for damage suffered — Material damage — Non-material damage)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, European official, abuse of power, action for annulment (EU), job satisfaction, staff assessment

25.2.2006

EN

Official Journal of the European Union

C 48/27

Application for

the annulment of Commission Decision 2004/134/EC of 3 July
2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case No COMP/
M.2220 — General Electric/Honeywell) (OJ 2004 L 48, p. 1),

2) Orders the Commission to pay the costs, including those relating

to the appeal proceedings before the Court of Justice.

(1) OJ C 169 of 13. 07. 2002.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant

to bear its own costs and to pay those

incurred by the Commission and by the interveners.

Judgment of the Court of First Instance of 13 December
2005 — Cwik v Commission

(1) OJ C 331, 24.11.2001.

Judgment of the Court of First Instance of 14 December
2005 — Greencore Group plc v Commission of the Euro-
pean Communities

(Case T-135/02) (1)

(Compliance with a judgment of the Court of First Instance
— Reduction of the fine imposed on the applicant — Failure
then refusal of the Commission to pay interest on the sum
refunded — Action for annulment — Principle of legal
certainty)

Parties

(Joined Cases T-155/03, T-157/03 and T-331/03) (1)

(Officials — Staff report — Promotion exercises 1995/1997,
1997/1999 and 1999/2001 — Actions for annulment —
Drawing-up successive staff reports at the same time —
Procedural
irregularities — Lateness — Personal file —
Manifest error of assessment — Misuse of powers — Incon-
sistency of the statement of reasons — Compensation for
suffered — Material damage — Non-material
damage

damage)

(2006/C 48/51)

Language of the case: French

(2006/C 48/50)

Language of the case: English

Parties

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

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

Applicant: Greencore Group plc (Dublin, Ireland) (represented
by: A. Böhlke, lawyer)

Application for

Defendant: Commission of the European Communities (repre-
sented by: initially K. Wiedner, subsequently by P. Oliver and
A. Nijenhuis, and finally by A. Nijenhuis and M. Wilderspin,
acting as Agents)

Application for

annulment of the decision of 11 February 2002 by which the
Commission refused to grant the applicant's request for default
interest to be paid to its subsidiary Irish Sugar plc on the prin-
cipal sum repaid to the latter to comply with a judgment of the
Court of First Instance

Operative part of the judgment

The Court:

1) Annuls the decision of 11 February 2002, by which the Commis-
sion refused to grant the applicant's request for default interest to
be paid to its subsidiary Irish Sugar plc on the principal sum
repaid to the latter to comply with a judgment of the Court of
First Instance;

Firstly, annulment of the Commission decisions drawing-up the
definitive version of the applicant's staff reports for the periods
running from 1 July 1995 to 30 June 1997, from 1 July 1997
to 30 June 1999 and from 1 July 1999 to 30 June 2001 and,
so far as necessary, the Commission decisions rejecting the
applicant's complaints as to those reports, and, secondly,
compensation for
the material and non-material damage
alleged.

Operative part of the judgment

The Court:

1. Annuls

the Commission decisions drawing-up the definitive
version of the applicant's staff reports for the periods 1995/1997
and 1997/1999 and the Commission decisions rejecting the
applicant's complaints as to those staff reports;

2. Orders

the Commission to pay the applicant

the

sum of

EUR 2 000 by way of damages;

C 48/28

EN

Official Journal of the European Union

25.2.2006

3. Dismisses the remainder of the actions;

Operative part of the judgment

4. In Cases T-155/03 and T-157/03, orders the Commission to

The Court:

pay the costs;

1) Dismisses the action;

5. In Case T-331/03, orders the Commission to bear its own costs

and to pay half the applicant's costs.

2) Orders the applicant to pay the costs.

(1) OJ C 171, 19.7.2003.

(1) OJ C 71 of 20. 03. 2004.

Judgment of the Court of First Instance of 8 December
2005 — Castellblanch v OHIM

(Case T-29/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark containing the
word element
‘CRISTAL CASTELLBLANCH’ — Earlier
national word mark CRISTAL — Genuine use of the earlier
mark — Likelihood of confusion — Article 8(1)(b), Article
15(2)(a) and Article 43(2) and (3) of Regulation (EC) No
40/94)

Judgment of the Court of First Instance of 22 December
2005 — Gorostiaga Atxalandabaso v Parliament

(Case T-146/04) (1)

(Rules governing the payment of expenses and allowances to
Members of the European Parliament — Review of use of
allowances — Justification of expenses — Recovery of a debt
by offsetting)

(2006/C 48/53)

Language of the case: French

(2006/C 48/52)

Language of the case: English

Parties

Parties

Applicant: Koldo Gorostiaga Atxalandabaso (Saint-Pierre-d'Irube,
France) (represented by: D. Rouget, lawyer)

Defendant: European Parliament (represented by H. Krück, C.
Karamarcos and D. Moore, Agents)

Applicant: Castellblanch, SA (Sant Sadurni d'Anoia, Spain)
(represented by: F. de Visscher, E. Cornu, É. De Gryse and D.
Moreau, lawyers)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by its Agent)

Defendant: Office for Harmonisation in the Internal Market
I. de Medrano
(Trade Marks and Designs)
Caballero, Agent)

(represented by:

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: Champagne
Louis Roederer SA (Reims, France) (represented by: P. Cousin,
lawyer)

Application for

Annulment of the decision of the Secretary-General of the
European Parliament of 24 February 2004 concerning the
recovery of sums paid to the applicant as parliamentary
expenses and allowances

Action

brought against the decision of the Second Board of Appeal of
OHIM of 17 November 2003 (Case R 37/2000-2), relating to
opposition proceedings between Castellblanch, SA and Cham-
pagne Louis Roederer SA

Operative part of the judgment

The Court:

1) Annuls the decision of

the Secretary-General of

the European
Parliament of 24 February 2004 concerning the recovery of sums
paid to the applicant as parliamentary expenses and allowances in
so far as it provides that the sum owed by the applicant will be
recovered by offsetting.