Joined Cases T-246/04 and T-71/05: Judgment of the Court of First Instance of 6 February 2007 — Wunenberger v Commission (Officials — Staff Reports — Reporting exercises 1997/1999 and 1999/2001 — Career development report — 2001/2002 appraisal procedure — Action for annulment — Admissibility — Action for damages — Rights of the defence)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, action by staff, action for annulment (EU), indemnification, professional career, report, staff assessment

C 82/32

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Annuls the decision of 9 April 2003 drawing up the definitive
version of the applicant's career development report in respect of the
period from 1 July 2001 to 31 December 2002;

2. Orders the Commission to pay the costs.

Judgment of the Court of First Instance of 15 February
2007 — Indorata-Serviços e Gestão v OHIM (HAIR-
TRANSFER)

(Case T-204/04) (1)

(‘Community trade mark — Application for Community trade
mark HAIRTRANSFER — Absolute grounds for refusal —
Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94’)

(1) OJ C 190, 24.7.2004.

(2007/C 82/70)

Language of the Case: German

Judgment of the Court of First Instance of 7 February 2007
— Gordon v Commission

(Case T-175/04) (1)

(Officials — Action for annulment — Career development
report — Total and permanent invalidity — No longer any
legal interest in bringing proceedings — No need to adjudicate
— Actions for damages — Inadmissibility)

(2007/C 82/69)

Language of the case: English

Parties

Applicant: Donal Gordon (Brussels, Belgium)
(represented by:
initially M. Byrne, solicitor, and subsequently J. Sambon and P.-
P. Van Gehuchten and P. Reyniers, lawyers)

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

Re:

Action, first, for annulment of the decision of 11 December
2003 rejecting the complaint concerning the decision of
28 April 2003 confirming the applicant's career development
report for the period from 1 July 2001 to 31 December 2002,
and, secondly, for compensation for the damage suffered by the
applicant.

Operative part of the judgment

The Court:

Parties

Applicant:
(represented by T. Wallentin, lawyer)

Indorata-Serviços e Gestão, Lda (Funchal, Portugal)

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

Subject-matter

Appeal against the decision of the Second Board of Appeal of
the OHIM of 1 April 2004 (Case R 435/2003-2) concerning an
application for registration of the word mark HAIRTRANSFER
as a Community trade mark.

Operative part

1) The appeal is dismissed.

2) Indorata-Serviços e Gestão, Lda is ordered to pay the costs.

(1) JO C 217 du 28.8.2004.

Judgment of the Court of First Instance of 6 February 2007
— Wunenberger v Commission

(Joined Cases T-246/04 and T-71/05) (1)

(Officials — Staff Reports — Reporting exercises 1997/1999
and 1999/2001 — Career development report — 2001/2002
appraisal procedure — Action for annulment — Admissibility
— Action for damages — Rights of the defence)

1. Declares that there is no longer any need to rule on the application

for annulment;

2. Dismisses the action for damages as inadmissible;

3. Orders the parties to bear their own costs.

Parties

(2007/C 82/71)

Language of the case: French

(1) OJ C 179, 10.7.2004.

Applicant:
by: É. Boigelot, lawyer)

Jacques Wunenberger (Zagreb, Croatia)

(represented

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

14.4.2007

EN

Official Journal of the European Union

C 82/33

Re:

Re:

First, actions for annulment of the applicant's draft staff reports
for the periods 1997/1999 and 1999/2001 and the applicant's
Career Development Report for the 2001/2002 appraisal proce-
dure and, second, claims for damages for the alleged harm.

Action for annulment against the decision of the Second Board
of Appeal of OHIM of 19 April 2004 (Case R 1004/2002-2)
relating to opposition proceedings involving Munidpharma AG
and Altana Pharma AG.

Operative part of the judgment

The Court:

1. Annuls the decision of 11 September 2003 definitively approving
the applicant's Career Development Report for the period 1 July
2001 to 21 December 2002;

2. Orders

the Commission to pay the applicant

the amount of
EUR 2 500, in addition to the amount of EUR 2 500 already
granted by the Appointing Authority, for the delay in drawing up
the staff reports for the periods 1997/1999 and 1999/2001,
and the symbolic amount of EUR 1 for the delay in drawing up
the Career Development Report for the period 2001/2002;

3. Dismisses the remainder of the actions;

4. Orders the Commission to pay the costs.

(1) OJ C 217, 28.8.2004.

Operative part of the judgment

The Court:

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

for Harmonisation in the Internal Market
Designs) (OHIM) of 19 April 2004 (Case R 1004/2002-2);

2. Orders OHIM to bear its own costs and to pay those incurred by

the applicant, except for those relating to the intervention;

3. Orders the applicant to bear its costs relating to the intervention;

4. Orders the intervener to bear its own costs.

(1) OJ C 217, 28.8.2004.

Judgment of the Court of First Instance of 8 February 2007
— Boucek v Commission

Judgment of the Court of 13 February 2007 — Mundi-
pharma v OHIM-Altana Pharma (RESPICUR)

(Case T-318/04) (1)

(Case T-256/04 P) (1)

(Officials — Open competition — Non-admission to written
test — Tardy submission of application)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark RESPICUR — Earlier
national word mark RESPICORT — Relative grounds for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94 — Proof of use of the earlier mark —
Article 43(2) and (3) of Regulation No 40/94)

(2007/C 82/73)

Language of the case: German

(2007/C 82/72)

Language of the case: German

Parties

Parties

Applicant: Mundipharma AG (Basle, Switzerland) (represented by
F. Nielsen, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially by B. Müller
and subsequently by G. Schneider, Agents)

Other the other party to the proceedings before the Board of Appeal of
OHIM, intervener before the Court of First Instance: Altana Pharma
AG (Konstanz, Germany) (H. Becker, lawyer)

Applicant: Vladimir Boucek (Prague, Czech Republic)
sented by: L. Krafttová, lawyer)

(repre-

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

Re:

Action for annulment of the decision of the selection board in
open competition EPSO/A/2/03 refusing the applicant admit-
tance to the written test of the competition on the ground that
he had not submitted his complete application within the time-
limit prescribed.