Case T-309/03: Judgment of the Court of First Instance of  6 April 2006  — Camós Grau v Commission (Investigation by the European Anti-Fraud Office (OLAF) concerning the management and funding of the Institute for Europeon and Latin American Relations (IRELA) — Potential conflict of interest on the part of an investigator — Removal from the investigating body — Impact on the conduct of the investigation and the content of the report of the investigation — Report terminating the investigation — Action for annulment — Admissibility — Action for damages — Admissibility)
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: European Anti-fraud Office, European Commission, European official, action for annulment (EU), fraud

C 131/38

EN

Official Journal of the European Union

3.6.2006

Defendant: Commission of the European Communities (repre-
sented by: V. Kreutschitz and J. Flett, agents)

Operative part of the judgment

Intervener in support of the defendant: Council of the European
Union (represented by: A.-M. Colaert, F. Florindo Gijón and C.
Saile, agents)

Re:

Application for annulment of the Commission's decision of 12
September 2002 rejecting a complaint lodged by the applicant
on 5 July 2002.

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 124 of 24.5.2003

Operative part of the judgment

The Court:

1. Rejects the action;

2. Orders the applicant to pay the costs;

3. Orders the Council to bear its own costs.

(1) OJ 2003 C 31, p. 19.

Judgment of the Court of First Instance of 6 April 2006 —
Camós Grau v Commission

(Case T-309/03) (1)

(Investigation by the European Anti-Fraud Office (OLAF)
concerning the management and funding of the Institute for
Europeon and Latin American Relations (IRELA) — Poten-
tial conflict of interest on the part of an investigator —
Removal from the investigating body — Impact on the
conduct of the investigation and the content of the report of
the investigation — Report terminating the investigation —
Action for annulment — Admissibility — Action for
damages — Admissibility)

Judgment of the Court of First Instance of 6 April 2006 —
Schmitz-Gotha Fahrzeugwerke v Commission

(Case T-17/03) (1)

Parties

(2006/C 131/71)

Language of the case: French

(State aid — Guidelines on State aid for rescuing and
restructuring firms in difficulty — Necessity of the aid)

Applicant: Manel Camós Grau (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

(2006/C 131/70)

Language of the case: German

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier and C. Ladenburger, Agents)

Parties

Applicant:
Germany) (represented by: M. Matzat, lawyer)

Schmitz-Gotha

Fahrzeugwerke GmbH (Gotha,

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz and V. di Bucci, Agents)

Re:

for

annulment

Commission Decision
Application
2003/194/EC of 30 October 2002 on the State aid imple-
mented by Germany for Schmitz-Gotha Fahrzeugwerke GmbH
(OJ 2003 L 77, p. 41)

of

Re:

Application, first, for the annulment of the report of the Euro-
pean Anti-Fraud Office (OLAF) of 17 October 2002 termi-
nating the investigation concerning the Institute for Europeon
for
and Latin American Relations (IRELA) and, secondly,
compensation for non-material damage and damage to the
applicant's employment prospects claimed to have arisen by
virtue of that report

Operative part of the judgment

The Court:

1. Orders the Commission to pay Mr Camós Grau the sum of

EUR 10 000.

3.6.2006

EN

Official Journal of the European Union

C 131/39

2. Dismisses the remainder of the claims.

2. Orders the applicant to pay the costs.

3. Orders the Commission to bear the costs.

(1) OJ C 304, 13.12.2003.

(1) OJ C 275, 15.11.2003.

Judgment of the Court of First Instance of 5 April 2006 —
Madaus v OHIM

Judgment of the Court of First Instance of 5 April 2006 —
Saiwa v OHMI

(Case T-202/04) (1)

(Case T-344/03) (1)

(Community trade mark — Application for a figurative mark
including the word element ‘SELEZIONE ORO Barilla’ —
Opposition — Earlier word marks ORO and ORO SAIWA
— Likelihood of confusion — Article 8(1)(b) of Regulation
(EC) No 40/94 — Opposition rejected)

(Community trade mark — Opposition proceedings —
Previous international word mark ECHINACIN — Applica-
tion for Community word mark ECHINAID — Relative
grounds for refusal — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 131/73)

Language of the case: English

(2006/C 131/72)

Language of the case: Italian

Parties

Parties

Applicant: Saiwa SpA (Genoa Italy) (represented by: G. Sena, P.
Tarchini, J.-P. Karsenty and M. Karsenty-Ricard, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (represented by: M. Capos-
tagno and O. Montalto, acting as Agents)

Other party to the proceedings before the Board of Appeal of
OHIM,
intervening before the Court of First Instance: Barilla
Alimentare SpA (Parma, Italy) (represented by: A. Vanzetti and
S. Bergia, lawyers)

Applicant: Madaus AG (Cologne, Germany) (represented by: I.
Valdelomar Serrano, 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: Optima Healthcare Ltd (Cardiff, United Kingdom)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 30 March 2004 (Case R 714/2002-2)
concerning the opposition proceedings between Madaus AG
and Optima Healthcare Ltd

Re:

Operative part of the judgment

Action against the decision of the Fourth Board of Appeal of
OHIM of 18 July 2003 (R 480/2002-4) concerning opposition
proceedings between Saiwa SpA and Barilla Alimentare SpA

The Court:

1. Dismisses the application;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 201 of 7.8.2004