Case T-26/04: Judgment of the Court of First Instance of  15 March 2006  — Verborgh v Commission (Officials — Appointment — Revision of the classification in grade — Article 31(2) of the Staff Regulations)
Date: 2006-05-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, promotion, staff assessment

C 108/18

EN

Official Journal of the European Union

6.5.2006

Judgment of the Court of First Instance of 15 March 2006
— Valero Jordana v Commission

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and V. Joris, acting as Agents)

(Case T-429/03) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

Re:

(2006/C 108/29)

Language of the case: French

Application for annulment of the Commission's decision of 20
December 2002, setting the applicant's final classification at
Grade B3 with effect from 1 March 1988.

Parties

Applicant: Gregorio Valero Jordana (Uccle, Belgium)
sented by: N. Lhoëst and E. De Schietere de Lophem, lawyers)

(repre-

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

Re:

Application for, primarily, annulment of
the Commission's
decision of 19 December 2002 setting the applicant's final clas-
sification at Grade A7, step 3, and annulment, as far as is
necessary, of the Commission's decision of 9 September 2003
rejecting the applicant's complaint and, as a subsidiary plea, the
production of certain documents.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 59, 6.3.2004.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 20 December 2002, setting
the applicant's final classification at Grade B3 with effect from 1
March 1988;

2. Orders the Commission to pay the costs.

(1) OJ C 59, 6.3.2004.

Judgment of the Court of First Instance of 15 March 2006
— Verborgh v Commission

(Case T-26/04) (1)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

(2006/C 108/31)

Language of the case: French

Judgment of the Court of First Instance of 15 March 2006
— Leite Mateus v Commission

(Case T-10/04) (1)

Parties

Applicant: Jacques Verborgh (Aalter, Belgium) (represented by:
N. Lhoëst and E. De Schietere de Lophem, lawyers)

(Officials — Appointment — Revision of the classification
in grade — Article 31(2) of the Staff Regulations)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and S. Pilette, acting as Agents)

(2006/C 108/30)

Language of the case: French

Re:

Parties

Applicant: Carlos Alberto Leite Mateus (Zaventem, Belgium)
(represented by: S. Orlandi, A. Coolen,
J.-N. Louis and E.
Marchal, lawyers)

Application for, primarily, annulment of
the Commission's
decision of 20 December 2002 setting the applicant's final clas-
sification at Grade A7, step 3, and annulment, as far as is
necessary, of the Commission's decision of 9 October 2003
rejecting the applicant's complaint and, as a subsidiary plea, the
production of certain documents.

6.5.2006

EN

Official Journal of the European Union

C 108/19

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 71, 20.3.2004.

Judgment of the Court of First Instance of 15 March 2006
— Athinaiki Oikogenaiki Artopoiia v OHIM

(Case T-35/04) (1)

(‘Community trade mark — Opposition proceedings —
Earlier word mark FERRERO — Application for Community
figurative
element
“FERRÓ” — Relative ground for refusal — Likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94’)

containing the

trade mark

verbal

Judgment of the Court of First Instance of 15 March 2006
— Eurodrive v OHIM

(Case T-31/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative mark euroMASTER —
Earlier national word marks EUROMASTER — No simi-
larity between the goods or services — Partial dismissal of
the opposition — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 108/32)

Language of the case: Spanish

Parties

Applicant: Eurodrive Services and Distribution NV (Amsterdam,
the Netherlands)
(represented by: E. Chávarri and A. Pérez-
Gómez, lawyers)

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

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM:
Jesús Gómez Frías (Madrid, Spain)

(2006/C 108/33)

Language of the case: English

Parties:

Applicant: Athinaiki Oikogenaiki Artopoiia AVEE (Pikermi,
Greece) (represented by: C. Chrissanthis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Ferrero OHG mbH
(Stadtallendorf, Germany) (represented by: M. Schaeffer, lawyer)

Action

brought against the decision of the First Board of Appeal of
OHIM of 1 December 2003 (Case R 460/2002-1), relating to
opposition proceedings between Athinaiki Oikogeniaki Arto-
poiia AVEE and Ferrero OHG mbH.

Re:

the decision of

Action brought against
the First Board of
Appeal of OHIM of 12 November 2003 (Cases R 419/2001-1
and R 530/2001-1),
relating to opposition proceedings
between Jesús Gómez Frías and Eurodrive Services and Distri-
bution NV

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 190, 24.7.2004.

2. Orders the applicant to pay the costs incurred by the Office for
(Trade Marks and

Internal Market

Harmonisation in the
Designs);

3. Orders the intervener to bear its own costs.

(1) OJ C 94, of 17.4.2004.