Case T-288/04: Judgment of the Court of First Instance of 9 January 2007 — Van Neyghem v Committee of the Regions of the European Union (Officials — Appointment — Classification in grade and step — Pay slip — Late complaint — Admissibility)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Committee of the Regions, European official, action for annulment (EU), assistant, equal treatment, regulations for civil servants

C 56/26

EN

Official Journal of the European Union

10.3.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 17 January 2007
— Greece v Commission

Judgment of the Court of First Instance of 17 January 2007
— Georgia-Pacific v OHIM (embossed motif)

(Case T-231/04) (1)

(Action for annulment — Common diplomatic mission in
Abuja (Nigeria) — Recovery of a debt by offsetting — Regu-
lations (EC, Euratom) No 1605/2002 and No 2342/2002 —
Principle of good faith in public international law)

(2007/C 56/50)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: P. Mylonopoulos
and V. Kyriazopoulos, Agents)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and F. Dintilhac, Agents)

Re:

Claim for annulment of the act of 10 March 2004 by which the
Commission proceeded to recovery by offsetting of sums due
from the Hellenic Republic following its participation in
building projects for the diplomatic mission of the Commission
and several Member States in Abuja (Nigeria)

Operative part of the judgment

The Court:

1. Orders the removal of the opinion of the Council's Legal Service of
26 June 1998, submitted by the Hellenic Republic as annex 12 to
its application, from the case-file;

2. Dismisses the action;

3. Orders the Hellenic Republic to pay the costs.

(Case T-283/04) (1)

(Community trade mark — Three-dimensional mark —
Embossed motif — Refusal of registration — Distinctiveness
— Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 56/51)

Language of the case: French

Parties

Applicant: Georgia-Pacific Sàrl
lawyer)

(represented by: R. Delorey,

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

Re:

Action brought against the decision of the first Board of Appeal
of OHIM of 11 May 2004 (Case R 493/2003-1) regarding regis-
tration of a three-dimensional mark consisting of an embossed
motif.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 9 January 2007
— Van Neyghem v Committee of the Regions of the Euro-
pean Union

(Case T-288/04) (1)

(Officials — Appointment — Classification in grade and step
— Pay slip — Late complaint — Admissibility)

(2007/C 56/52)

Language of the case: Dutch

(1) OJ C 179, 10.7.2004 (formerly C-189/04).

Parties

Applicant: Kris Van Neyghem (Tirlemont, Belgium) (represented
by: D. Janssens, lawyer)

10.3.2007

EN

Official Journal of the European Union

C 56/27

Defendant: Committee of the Regions of the European Union
(represented by: P. Cervilla, Agent, assisted by B. Wägenbaur and
R. Van der Hout, lawyers)

1. Annuls the decision of the Commission of 23 December 2003
insofar as it did not include the applicant's name on the list of offi-
cials considered the most deserving of promotion to grade A4 for
1998 and 1999, on the one hand, or on the list of officials
promoted to grade A4 in 1998 or 1999, on the other;

Re:

Action for annulment of Decision 87/03 of the Committee of
the Regions of 26 March 2003 which definitively classified the
applicant in Grade B 5, Step 4.

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

Operative part of the judgment

(1) OJ C 57, 5.3.2005.

The Court:

1. Dismisses the action as inadmissible.

2. Orders the Committee of the Regions of the European Union to

pay all the costs.

(1) OJ C 251, 9.10.2004.

Judgment of the Court of First Instance of 23 January 2007
— Tsarnavas v Commission

(Case T-472/04) (1)

(Officials — Article 45 of the Staff Regulations — Promotion
— Judgment annulling the decision not to promote the appli-
cant — Re-examination of the merits — Reasons)

Judgment of the Court of First Instance of 16 January 2007
— Calavo Growers v OHIM — Calvo Sanz (Calvo)

(Case T-53/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative mark CALVO — Earlier Community
word mark CALAVO — Admissibility of the opposition —
Grounds of the opposition lodged in a language other than the
language of the proceedings — Article 74(1) of Regulation
(EC) No 40/94 — Rule 20(3) of Regulation (EC) No
2868/95)

(2007/C 56/54)

Language of the case: Spanish

(2007/C 56/53)

Language of the case: French

Parties

Parties

Applicant: Vassilios Tsarnavas (Volos, Greece) (represented by: N.
Lhoëst, lawyer)

Defendant: Commission of the European Communties (repre-
sented by: G. Berardis-Kayser and D. Martin, Agents)

Re:

the Commission's decision of
Application for annulment of
23 December 2003 insofar as it did not include the applicant's
name on the list of officials proposed for promotion for 1999,
or on the list of officials considered the most deserving of
promotion to grade A4 for 1998 and 1999, or on the list of
officials promoted to grade A4 in 1998 or 1999

Operative part of the judgment

The Court:

Applicant: Calavo Growers Inc. (Santa Ana, United States) (repre-
sented by: E. Armijo Chávarri and A. Castán Pérez-Gómez,
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: Luis Calvo Sanz SA
(Carballo, Spain) (represented by J. Rivas Zurdo and E. López
Leiva, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 8 November 2004 (Case R 159/2004-1), relating to
opposition proceedings between Calavo Growers Inc. and Luis
Calvo Sanz SA.