Case T-146/04: Judgment of the Court of First Instance of  22 December 2005  — Gorostiaga Atxalandabaso v Parliament (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)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), parliamentary allowance, power of assessment

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.

25.2.2006

EN

Official Journal of the European Union

C 48/29

2) Dismisses the remainder of the application.

Judgment of the Court of First Instance of 14 December
2005 — Arysta Lifescience v OHIM

3) Orders the applicant, the Parliament and the Kingdom of Spain

to bear their own costs.

(Case T-169/04) (1)

(1) OJ C 168, 26.6.2004.

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CARPOVIRUSINE —
Former national word mark CARPO — Likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 48/55)

Language of the case: French

Judgment of the Court of First Instance of 15 December
2005 — Bauwens v Commission

(Case T-154/04) (1)

(Officials — Career development
report — 2001/2002
appraisal exercise — Article 7 of the General Implementing
Provisions — Deadline for submission of an application to
refer a matter to the Joint Evaluation Committee — Suspen-
sion)

Parties

(2006/C 48/54)

Language of the case: French

Parties

Applicant: Daniel Bauwens (Brussels, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and H. Tserepa-Lacombe, Agents)

Application for

Annulment of the counter-signing officer's decision of 15 July
2003 not to refer a matter to the Joint Evaluation Committee
in the course of the procedure for the drawing-up of the appli-
cant's career development report under Article 7 of the General
Provisions Implementing Article 43 of the Staff Regulations of
officials of the European Communities

Operative part of the judgment

The Court:

1. Annuls the counter-signing officer's decision of 15 July 2003 not

to refer the matter to the Joint Evaluation Committee;

2. Orders the Commission to pay the costs.

(1) OJ C 168, 26.6.2004.

Applicant: Arysta Lifescience SAS,
(Noguères, France) (represented by: S. Legrand, lawyer)

formally Calliope SAS

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

Other party to the proceedings before the Board of Appeal of OHIM:
BASF AG (Ludwigshafen am Rhein, Germany)

Action

brought against the decision of the First Board of Appeal of
OHIM of 4 March 2004 (Case R 289/2003-1) relating to the
opposition proceedings between Calliope SAS and BASF AG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 179 of 10.7.2004.