Case T-311/04: Judgment of the Court of First Instance of 19 October 2006 — Buendía Sierra v Commission (Officials — Promotion — 2003 promotion procedure — Allocation of priority points)
Date: 2006-12-16
Institutions: Court of First Instance
Subjects: action by staff, action for annulment (EU), administrator, equal treatment, professional career, promotion, staff assessment

16.12.2006

EN

Official Journal of the European Union

C 310/13

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Krämer, Agents)

2. Orders each party to bear its own costs.

Re:

(1) OJ C 262, 23.10.2004.

Annulment of the decision of 25 June 2003 drawing up the
definitive version of the applicant's Career Development Report
for the period from 1 July 2001 to 31 December 2002.

Operative part of the judgment

The Court:

1. Annuls the decision of 25 June 2003 drawing up the definitive
version of Daniel Van der Spree's Career Development Report for
the period from 1 July 2001 to 31 December 2002;

2. Orders the Commission to pay the costs.

(1) OJ C 179, 10.7.2004.

Judgment of the Court of First Instance of 19 October
2006 — Buendía Sierra v Commission

(Case T-311/04) (1)

(Officials — Promotion — 2003 promotion procedure —
Allocation of priority points)

(2006/C 310/25)

Language of the case: French

Judgment of the Court of First Instance of 25 October
2006 — Staboli v Commission

Parties

(Case T-281/04) (1)

Applicant: José Luis Buendía Sierra (Brussels, Belgium) (repre-
sented by: M. van der Woude and V. Landes, lawyers)

(Staff case — Pursuit of an outside activity — Participation
in conferences as a speaker — Agreement — Application for
the grant of special leave for training purposes — Refusal)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, assisted by D.
Waelbroeck, lawyer)

(2006/C 310/24)

Language of the case: French

Parties

Applicant: Paola Staboli (Brussels, Belgium) (represented by: L.
Vogel, lawyer)

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

Re:

Application for annulment of the Commission's decisions of 12
March and 6 April 2004 rejecting her complaint brought
against the decision of 9 May 2003, in so far as the institution
refused to grant her special
leave for training purposes to
enable her to pursue an outside activity, which was moreover
authorised by that decision, and, so far as necessary, annulment
of the abovementioned decision of 9 May 2003.

Operative part of the judgment

The Court:

1. Dismisses the action;

Re:

Annulment:

— of the decision of the Director General of the Commission's
legal
service to allocate only one Directorate General
priority point to the applicant under the 2003 promotion
procedure, communicated on 2 July 2003, confirmed by a
the Appointing Authority, notified on 16
decision of
December 2003;

— of the Appointing Authority's decision not to allocate any
special priority points for additional activities in the inter-
ests of the institution to the applicant under the 2003
promotion procedure, notified by means of the Sysper 2
system on 16 December 2003;

— of the following decisions: the Appointing Authority's deci-
sion to allocate a total of 20 points to the applicant under
the 2003 promotion procedure; the merit list of Grade A5
officials under the 2003 procedure, published in Administra-
tive Notice No 69-2003 of 13 November 2003; the list of
officials promoted to Grade A4 under the 2003 procedure,
published in Administrative Notice No 73-2003 of 27
November 2003; in any event, the decision not to include
the applicant's name on those lists;

C 310/14

EN

Official Journal of the European Union

16.12.2006

— so far as necessary, of the Appointing Authority's decision
of 15 June 2004 rejecting his complaint brought on 12
February 2004.

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Bitburger Brauerei Th. Simon GmbH to pay the costs

1. Annuls the Commission's decisions setting the applicant's total
promotion points at 20 and refusing to include his name on the
list of officials promoted to Grade A4 under the 2003 promotion
procedure;

(1) OJ C 19,22.1.2005.

2. Dismisses the action as to the remainder;

3. Orders the Commission to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance 17 October 2006
— Bonnet v Court of Justice

(Case T-406/04) (1)

(Officials — Recruitment — Member of the temporary staff
— Reader of judgments — Article 2(c) of the Conditions of
Employment of Other Servants — Measure adversely
affecting an official — Relationship of trust)

(2006/C 310/27)

Language of the case: French

Parties

Applicant: André Bonnet (Saint-Pierre-de-Vassols, France) (repre-
sented by: H. de Lepinau, lawyer)

Defendant: Court of
(represented by: M. Schauss, Agent)

Justice of

the European Communities

Re:

the Court of

First, application for annulment of
Justice's
measures of 11 February and 4 March 2004 ending, as regards
the applicant, the procedure for recruitment to the post of
reader of judgments at the Chambers of the President of the
Court and of the decision making an appointment to the post
at issue, and, secondly, an application for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court of First Instance of 19 October
2006 — Bitburger Brauerei v OHIM — Anheuser-Busch
(BUD, American Bud and Anheuser Busch Bud)

(Joined Cases T-350/04 to T-352/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for registration of the Community word mark BUD —
Applications for registration of the Community figurative
marks American Bud and Anheuser Busch Bud — Earlier
national word and figurative marks including the term ‘bit’
— Article 8(1)(b) of Regulation No 40/94)

(2006/C 310/26)

Language of the case: English

Parties

Applicant: Bitburger Brauerei Th. Simon GmbH (Bitburg
Germany) (represented by M. Huth-Dierig, lawyer,)

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

Other party/ to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Anheuser-Busch, Inc.,
(Saint Louis, Missouri, United States (represented by: A. Renck,
V. von Bomhard, A. Pohlmann, D. Ohlgart and B. Goebel,
lawyers,)

Re:

Three applications brought against the decision of the Second
Board of Appeal of OHIM of 22 June 2004 in cases
R447/2002-2, R451/2002-2 and R453/2002-2, concerning
opposition proceedings between Bitburger Brauerei Th. Simon
and Anheuser-Busch, Inc.