Case T-472/04: Judgment of the Court of First Instance of 23 January 2007 — Tsarnavas v Commission (Officials — Article 45 of the Staff Regulations — Promotion — Judgment annulling the decision not to promote the applicant — Re-examination of the merits — Reasons)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, personnel administration, promotion, regulations for civil servants

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.