do-me/EUR-LEX huggingface dataset:
Case F-75/05: Order of the Civil Service Tribunal of 30 June 2006 — Colombani v Commission
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, reassignment, regulations for civil servants, special leave

C 190/38

EN

Official Journal of the European Union

12.8.2006

Pleas in law and main arguments

In support of his action, the applicant first claims infringement
of the duty to give reasons and of the principle of equal treat-
ment, in that neither the contested decision nor the administra-
tion's response to the applicant's complaint has enabled him to
understand the mark he was awarded when the written test
was marked and still
less the value judgment made on his
performance.

The applicant pleads, in addition, infringement of the principle
of sound administration, inasmuch as the evaluation sheet for
his written test is too general and imprecise and the copies of
that test paper are not marked in any way.

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-75/05) (1)

(2006/C 190/72)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 229, 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-294/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-35/05) (1)

(2006/C 190/71)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

Order of the Civil Service Tribunal of 19 June 2006 —
Nanbru v Parliament

(Case F -127/05) (1)

(2006/C 190/73)

Language of the case: French

(1) OJ C 193 of 6.8.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-206/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 60, 11.3.2006.
Case F-87/05: Order of the Civil Service Tribunal (Second Chamber) of 30 June 2006 — Ott and Others v Commission (Officials — Promotion for 2004 — Non-inclusion on the list of officials promoted — Article 111 of the Rules of Procedure of the Court of First Instance — Action, in part, manifestly inadmissible and, in part, manifestly unfounded )
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, promotion, staff assessment

C 190/34

EN

Official Journal of the European Union

12.8.2006

Operative part of the order

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

1. The action is dismissed, in part, as manifestly inadmissible and,

in part, as manifestly unfounded.

2. Each of the parties shall bear its own costs.

2. Each of the parties shall bear its own costs.

(1) OJ C 115 of 14.5.2006 (case initially registered before the Court of
First Instance of the European Communities under number T-123/
05 and transferred to the European Civil Service Tribunal by order
of 15.12.2005).

(1) OJ C 315 of 10.12.2005 (case initially registered before the Court
of First Instance of the European Communities under number T-
349/05 and transferred to the European Civil Service Tribunal by
order of 15.12.2005).

Order of the Civil Service Tribunal (Second Chamber) of
30 June 2006 — Ott and Others v Commission

Action brought on 21 April 2006 — Pimlott v Europol

(Case F-87/05) (1)

(Officials — Promotion for 2004 — Non-inclusion on the
list of officials promoted — Article 111 of the Rules of
Procedure of the Court of First Instance — Action, in part,
manifestly inadmissible and, in part, manifestly unfounded )

(Case F-52/06)

(2006/C 190/64)

Language of the case: Dutch

(2006/C 190/63)

Language of the case: French

Parties

Applicant: Mike
Kingdom) (represented by: D.C. Coppens, lawyer)

Pimlott

(Porchester, Hampshire, United

Parties

Defendant: European Police Office (Europol)

Applicants: Martial Ott
(Oberanven, Luxembourg), Fernando
Lopez Tola (Luxembourg, Luxembourg), Francis Weiler (Itzig,
Luxembourg)
(represented by: G. Bounéou and F. Frabetti,
lawyers)

Form of order sought

— Annul Europol's decision of 25 January 2006;

Defendant: Commission (represented by: C. Berardis-Kayser and
D. Martin, Agents)

Re:

First, annulment of
the decision of 30 November 2004,
published in Administrative Notice No 130 2004 of 30
November 2004, in which the Commission of the European
Communities set out the list of officials promoted in 2004,
since that list does not include the names of the applicants,
and, secondly, in the alternative, annulment of the allocation of
promotion points for 2004.

— Order Europol

for a
period of four years, from 1 January 2006 to 31 December
2010;

to renew the applicant's contract

— Order Europol to pay the costs.

Pleas in law and main arguments

The applicant, after having been first engaged by Europol on 1
January 2000 for a period initially fixed at four years, was
employed from 1 January 2002 in a different position within
the same bureau, under a new contract, which was to end on
31 December 2005.
Case F-19/05: Judgment of the Civil Service Tribunal (Second Chamber) of 28 June 2006 — Sanchez Ferriz v Commission (Officials — Career Development Report — Assessment procedure for 2003)
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, promotion, staff assessment

C 190/32

EN

Official Journal of the European Union

12.8.2006

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 28 June 2006 — Sanchez Ferriz v Commission

Judgment of the Civil Service Tribunal (First Chamber) of
28 June 2006 — Le Maire v Commission

(Case F-19/05) (1)

(Case F-27/05) (1)

(Officials — Career Development Report — Assessment
procedure for 2003)

(Officials — Remuneration — Refusal to grant the daily
subsistence allowances)

(2006/C 190/58)

Language of the case: French

(2006/C 190/59)

Language of the case: French

Parties

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: G. Bouneou and F. Frabetti, lawyers, then only F. Frabetti)

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

Applicant: Viviane Le Maire (Brussels, Belgium) (represented by:
G. Bournéou and F. Frabetti, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Re:

Re:

Annulment of the assessment procedure for 2003 in relation to
the applicant, or, in the alternative, annulment of the appli-
cant's Career Development Report for 2003

Annulment of the decision of the Commission of the European
to the daily
Communities refusing the applicant
subsistence allowances provided for in Article 10 of Annex VII
to the Staff Regulations of officials of the European Commu-
nities, following her entry into service on 16 February 2004

the right

Operative part of the judgment

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

The Tribunal:

1. Dismisses the action as inadmissible.

2. Orders each of the parties to bear its own costs.

2. Orders the Commission of the European Communities to bear its

own costs and half of the costs of the applicant.

(1) OJ C 155 of 25.06.2005 (case initially registered before the Court
of First Instance of the European Communities under number T-
153/05 and transferred to the European Civil Service Tribunal by
order of 15.12.2005).

(1) OJ C 182 of 23.07.2005 (case initially registered before the Court
of First Instance of the European Communities under number T-
191/05 and transferred to the European Civil Service Tribunal by
order of 15.12.2005).
Case F-35/05: Order of the Civil Service Tribunal of 30 June 2006 — Colombani v Commission
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, indemnification, minimum pay, reassignment, regulations for civil servants, reintegration into working life, rights of the defence, unpaid leave

C 190/38

EN

Official Journal of the European Union

12.8.2006

Pleas in law and main arguments

In support of his action, the applicant first claims infringement
of the duty to give reasons and of the principle of equal treat-
ment, in that neither the contested decision nor the administra-
tion's response to the applicant's complaint has enabled him to
understand the mark he was awarded when the written test
was marked and still
less the value judgment made on his
performance.

The applicant pleads, in addition, infringement of the principle
of sound administration, inasmuch as the evaluation sheet for
his written test is too general and imprecise and the copies of
that test paper are not marked in any way.

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-75/05) (1)

(2006/C 190/72)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 229, 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-294/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-35/05) (1)

(2006/C 190/71)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

Order of the Civil Service Tribunal of 19 June 2006 —
Nanbru v Parliament

(Case F -127/05) (1)

(2006/C 190/73)

Language of the case: French

(1) OJ C 193 of 6.8.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-206/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 60, 11.3.2006.
Case T-4/04: Order of the Court of First Instance of 9 June 2006 — Achaiber Sing v Commission (Non-contractual liability of the Community — Animal health — Requirements for the import of birds — Agreement on the application of health and phyto-sanitary measures — Compensation for damage — Partial inadmissibility — Action manifestly lacking any foundation in law)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, action for annulment (EU), animal disease, bird, health legislation, import

12.8.2006

EN

Official Journal of the European Union

C 190/21

Order of the Court of First Instance of 9 June 2006 —
Achaiber Sing v Commission

Order of the Court of First Instance of 19 May 2006 —
Falcon Sporting Goods v OHIM (BIN LADIN)

(Case T-4/04) (1)

liability of

the Community — Animal
(Non-contractual
health — Requirements for the import of birds — Agreement
on the application of health and phyto-sanitary measures —
inadmissibility —
Compensation for damage — Partial

Action manifestly lacking any foundation in law)

(Case T-487/04) (1)

(Community trade mark — Refusal of registration — With-
drawal of the application for registration — No need to adju-
dicate)

(2006/C 190/37)

Language of the case: French

(2006/C 190/36)

Parties

Language of the case: Dutch

Applicant: Falcon Sporting Goods AG (Zug, Switzerland) (repre-
sented by: J. Weigell, lawyer)

Defendant: Office for Harmonisation in the Internal market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Parties

Re:

Applicant: R.K. Achaiber Sing (Leiden, Netherlands) (represented
by: J. Wilgers and J. van Duin, lawyers)

Action against the decision of the Second Board of Appeal of
OHIM of 29 September 2004 (Case R 176/2004-2) concerning
the refusal to register the word mark ‘BIN LADIN’

Defendant: Commission of the European Communities (repre-
sented by: P. Kuijper, T. van Rijn and M. van Heezik, Agents)

1. There is no further need to adjudicate on the action.

Operative part of the order

2. The applicant shall pay the costs.

Re:

(1) OJ C 57, 5.3.2005.

Compensation for the damage allegedly suffered by the appli-
cant owing to the application of Commission Decision
2000/666/EC of 16 October 2000 laying down the animal
health requirements and the veterinary certification for the
import of birds, other than poultry and the conditions for quar-
antine (OJ 2000 L 278, p. 26)

Operative part of the order

1. The action is dismissed.

Order of the Court of First Instance of 19 May 2006 —
Falcon Sporting Goods v OHIM (BIN LADIN)

(Case T-488/04) (1)

(Community trade mark — Refusal of registration — With-
drawal of the application for registration — No need to adju-
dicate)

(2006/C 190/38)

Language of the case: French

2. The applicant shall pay the costs incurred by the Commission,

including those relating to the plea of inadmissibility

Parties

(1) OJ C 59, 6.3.2004.

Applicant: Falcon Sporting Goods AG (Zug, Switzerland) (repre-
sented by: J. Weigell, lawyer)

Defendant: Office for Harmonisation in the Internal market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)
Case F -127/05: Order of the Civil Service Tribunal of 19 June 2006 — Nanbru v Parliament
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, pension scheme

C 190/38

EN

Official Journal of the European Union

12.8.2006

Pleas in law and main arguments

In support of his action, the applicant first claims infringement
of the duty to give reasons and of the principle of equal treat-
ment, in that neither the contested decision nor the administra-
tion's response to the applicant's complaint has enabled him to
understand the mark he was awarded when the written test
was marked and still
less the value judgment made on his
performance.

The applicant pleads, in addition, infringement of the principle
of sound administration, inasmuch as the evaluation sheet for
his written test is too general and imprecise and the copies of
that test paper are not marked in any way.

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-75/05) (1)

(2006/C 190/72)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 229, 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-294/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-35/05) (1)

(2006/C 190/71)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

Order of the Civil Service Tribunal of 19 June 2006 —
Nanbru v Parliament

(Case F -127/05) (1)

(2006/C 190/73)

Language of the case: French

(1) OJ C 193 of 6.8.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-206/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 60, 11.3.2006.
Euro exchange rates
Date: 2006-08-12
Institutions: European Commission
Subjects: euro, exchange rate

12.8.2006

EN

Official Journal of the European Union

C 189/1

I

(Information)

COMMISSION

Euro exchange rates (1)

11 August 2006

(2006/C 189/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,2775

148,21

7,4607

0,67380

9,1948

1,5798

90,41

7,9565

1,9558

0,5759

28,000

15,6466

270,26

3,4528

0,6960

0,4293

3,8673

3,5155

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,64

37,395

1,8501

1,6638

1,4353

9,9352

2,0171

2,0140

KRW South Korean won

1 228,64

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,6656

10,1893

7,2750

Indonesian rupiah

11 592,04

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,696

65,408

34,2150

47,793

(1) Source:

reference exchange rate published by the ECB.
Case F-27/05: Judgment of the Civil Service Tribunal (First Chamber) of 28 June 2006 — Le Maire v Commission (Officials — Remuneration — Refusal to grant the daily subsistence allowances)
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, allowances and expenses, regulations for civil servants

C 190/32

EN

Official Journal of the European Union

12.8.2006

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 28 June 2006 — Sanchez Ferriz v Commission

Judgment of the Civil Service Tribunal (First Chamber) of
28 June 2006 — Le Maire v Commission

(Case F-19/05) (1)

(Case F-27/05) (1)

(Officials — Career Development Report — Assessment
procedure for 2003)

(Officials — Remuneration — Refusal to grant the daily
subsistence allowances)

(2006/C 190/58)

Language of the case: French

(2006/C 190/59)

Language of the case: French

Parties

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: G. Bouneou and F. Frabetti, lawyers, then only F. Frabetti)

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

Applicant: Viviane Le Maire (Brussels, Belgium) (represented by:
G. Bournéou and F. Frabetti, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Re:

Re:

Annulment of the assessment procedure for 2003 in relation to
the applicant, or, in the alternative, annulment of the appli-
cant's Career Development Report for 2003

Annulment of the decision of the Commission of the European
to the daily
Communities refusing the applicant
subsistence allowances provided for in Article 10 of Annex VII
to the Staff Regulations of officials of the European Commu-
nities, following her entry into service on 16 February 2004

the right

Operative part of the judgment

Operative part of the judgment

The Tribunal:

1. Dismisses the action.

The Tribunal:

1. Dismisses the action as inadmissible.

2. Orders each of the parties to bear its own costs.

2. Orders the Commission of the European Communities to bear its

own costs and half of the costs of the applicant.

(1) OJ C 155 of 25.06.2005 (case initially registered before the Court
of First Instance of the European Communities under number T-
153/05 and transferred to the European Civil Service Tribunal by
order of 15.12.2005).

(1) OJ C 182 of 23.07.2005 (case initially registered before the Court
of First Instance of the European Communities under number T-
191/05 and transferred to the European Civil Service Tribunal by
order of 15.12.2005).
Prior notification of a concentration (Case COMP/M.4351 — Wolseley/DT Group) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-08-12
Institutions: European Commission
Subjects: building materials, economic concentration, heating, merger control

C 189/2

EN

Official Journal of the European Union

12.8.2006

Prior notification of a concentration

(Case COMP/M.4351 — Wolseley/DT Group)

Candidate case for simplified procedure

(2006/C 189/02)

(Text with EEA relevance)

1.
On 4 August 2006, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Wolseley plc (‘Wolseley’,
United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the
whole of the undertaking DT Group A/S (‘DT Group’, Denmark) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Wolseley: distribution of plumbing and heating products and of building materials;

— for DT Group: distribution of building materials in the Nordic region.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.4351 — Wolseley/DT Group, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Case T -157/05: Order of the Court of First Instance of 20 June 2006 — Deutsche Telekom v OHIM-PCS Systemtechnik (T-PCS)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology, trade-mark law

12.8.2006

EN

Official Journal of the European Union

C 190/31

Order of the Court of First Instance of 14 June 2006 —
Muswellbrook v OHIM-Nike (NIKE)

Order of the Court of First Instance of 20 June 2006 —
Deutsche Telekom v OHIM-PCS Systemtechnik (T-PCS)

(Case T-362/02, T-363/02, T-364/02, T-365/02 and T-366/
02) (1)

(2006/C 190/56)

Language of the case: Spanish

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 44, 22.2.2003.

(Case T -157/05) (1)

(2006/C 190/57)

Language of the case: German

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 171, 9.7.2005.