Case T-119/04: Judgment of the Court of First Instance of 14 September 2006 — Rossi Ferreras v Commission (Officials — Career development report — Application for annulment — Assessment period 2001-2002 — Opinion of previous immediate superior — Failure of assessor to take into account — Claim for compensation — Inadmissibility)
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants, staff assessment

C 281/30

EN

Official Journal of the European Union

18.11.2006

Judgment of the Court of First Instance of 4 October 2006
— Moser Baer India v Council

Judgment of the Court of First Instance of 14 September
2006 — Laroche v Commission

(Case T-300/03) (1)

(Anti-subsidy investigations — Recordable compact discs
originating in India — Calculation of the amount of the
subsidy — Determination of injury — Causal link — Rights
of the defence)

(Case T-115/04) (1)

(Community officials — Career Development Review —
Appraisal period 2001/2002 — Decision to close — Time-
limit for challenge — Calculation)

(2006/C 281/50)

Language of the case: French

(2006/C 281/49)

Language of the case: English

Parties

Parties

Applicant: Moser Baer India Ltd (New Delhi, India) (represented
by: A.P. Bentley QC, K. Adamantopoulos, lawyer, R. MacLean
and J. Branton, Solicitors)

Defendant: Council of the European Union (represented by: S.
Marquardt, Agent, assisted by G.M. Berrisch, lawyer)

Interveners in support of the defendant: Commission of the
European Communities (represented by: T. Scharf and K.
Talabér-Ricz, Agents) and Committee of European CD-R and
DVD+/-R Manufacturers
formerly Committee of
(CECMA),
European CD-R Manufacturers (CECMA) (Cologne, Germany)
(represented by: D. Ehle and V. Schiller, lawyers)

Applicant: Yvonne Laroche (Brussels, Belgium) (represented by:
G. Bounéou and F. Frabetti, lawyers)

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

Re:

Application for annulment of the Commission decision of 11
June 2003 to close the applicant's career development report
for the appraisal period 2001/2002.

Operative part of the judgment

The Court:

1. Annuls the Commission decision of 11 June 2003 to close the
the appraisal period

report

for

applicant's career development
2001/2002;

2. Orders the Commission to pay the costs.

Re:

(1) OJ C 106, 30.4.2004.

Action for annulment of Council Regulation (EC) No 960/2003
of 2 June 2003 imposing a definitive countervailing duty on
imports of recordable compact discs originating in India (OJ
2003 L 138, p. 1).

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 defendant;

3. Orders the interveners to bear their own costs.

(1) OJ C 264, 1.11.2003

Judgment of the Court of First Instance of 14 September
2006 — Rossi Ferreras v Commission

(Case T-119/04) (1)

(Officials — Career development report — Application for
annulment — Assessment period 2001-2002 — Opinion of
previous immediate superior — Failure of assessor to take
into account — Claim for compensation — Inadmissibility)

(2006/C 281/51)

Language of the case: French

Parties

Applicant: Francisco Rossi Ferreras (Luxembourg, Luxembourg)
(represented by: G. Bounéou and F. Frabetti, lawyers)

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

18.11.2006

EN

Official Journal of the European Union

C 281/31

Re:

Operative part of the judgment

Application for partial annulment of
the applicant's career
development report for the assessment period 2001-2002 and
an application for the payment of EUR 30 000 in damages for
the non-material damage alleged.

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Operative part of the judgment

The Court:

(1) OJ C 273, 6.11.2004.

1. Annuls the decision adopting the applicant's career development
report for the period from 1 July 2001 to 31 December 2002.

2. Dismisses the remainder of the application.

3. Orders the Commission to pay the costs.

(1) OJ C 156, 12.06.2004.

Judgment of the Court of First Instance of 7 September
2006 — L & D v OHIM — Sämann (Aire Limpio)

(Case T-168/04) (1)

(Community trade mark — Opposition proceedings —
Earlier figurative marks representing a fir tree including, in
certain cases, verbal elements — Application for figurative
mark containing the verbal element ‘Aire Limpio’ — Likeli-
hood of confusion — Article 8(1)(b) and Article 73 of Regu-
lation (EC) No 40/94)

(2006/C 281/52)

Language of the case: Spanish

Parties

Applicant: L & D, SA (Huercal de Almeria, Spain) (represented
by: initially, M. Knospe, and, subsequently, S. Miralles Miravet
and A. Castedo Garcia, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Julius Sämann Ltd
(Zug, Switzerland) (represented by: A. Castán Pérez Gómez and
E. Armijo Chávarri, lawyers)

Judgment of the Court of First Instance of 4 October 2006
— Freixenet v OHIM (Shape of a frosted matt black
bottle)

(Case T-188/04) (1)

(Community trade mark — Shape of a frosted matt black
bottle — Absolute ground of refusal — Article 7(1)(b) of
Regulation (EC) No 40/94 — Lack of distinctive character —
Infringement of the rights of the defence — Article 73 of
Regulation No 40/94)

(2006/C 281/53)

Language of the case: French

Parties

Applicant: Freixenet, SA (Sant Sadurní d'Anoia, Spain) (repre-
sented by: F. de Visscher, E. Cornu, É. De Gryse and D. Moreau,
lawyers)

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

(represented by:

Re:

Action for annulment of the decision of the Fourth Board of
Appeal of OHIM of 11 February 2004 (Case R 97/2001-4)
concerning registration of a mark in the form of a frosted matt
black bottle as a Community trade mark

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 11 February 2004 (Case R 104/2001-4);

2. Dismisses the remainder of the action;

3. Orders OHIM to bear its own costs and to pay those of the appli-

cant.

Re:

Application for partial annulment of the decision of the Second
Board of Appeal of OHIM of 15 March 2004 (Case R
326/2003-2) relating to opposition proceedings between Julius
Sämann Ltd and L & D, SA.

(1) OJ C 201, 7.8.2004.