Case T-143/04: Judgment of the Court of First Instance of 6 February 2007 — Camurato Carfagno v Commission (Staff case — Officials — Reporting procedure — Career development report — 2001/2002 appraisal procedure — Action for annulment — Plea of illegality — Manifest error of assessment)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), professional career, regulations for civil servants, staff assessment

14.4.2007

EN

Official Journal of the European Union

C 82/31

4. orders the applicant to bear four fifths of its own costs inclusive of
those of the proceedings for interim relief before the Court of First
Instance.

2.

in Case T-134/04, orders the Commission to pay the applicant the
sum of EUR 5 000 by way of damages for breach of administra-
tion;

(1) OJ C 289, 29.11.2003.

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

(Joined Cases T-118/04 and T-134/04) (1)

(Officials — Reassignment of a Director as a Principal
Adviser — Interest of the service — Equivalence of posts —
Reorganisation of Eurostat — Appointment to a position as
Director — Vacancy notice — Duty to state reasons —
Assessment of the candidates' merits — Action for annulment
— Action for damages)

(2007/C 82/67)

Language of the case: French

Parties

Applicant: Giuseppe Caló (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

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

Re:

First, an application for annulment of the Commission's decision
of 9 July 2003 to reassign the applicant from a post as Director
to a post as Principal Adviser, of the Commission's decision of
1 October 2003 reorganising Eurostat, in so far as it confirms
the applicant's reassignment, and an application for compensa-
tion for the non-material harm allegedly suffered by the appli-
cant; secondly, an application for annulment of the Commis-
sion's decision of 30 March 2004 appointing Mr N. to the post
of Director of
fisheries,
structural funds and environment statistics’ and rejecting the
applicant's candidature for that post.

the Eurostat directorate ‘Agriculture,

3. dismisses the actions as to the remainder;

4.

5.

6.

in Case T-118/04, orders the Commission to bear its own costs
inclusive of those of the proceedings for interim relief before the
Court of First Instance, and one fifth of the costs incurred by the
applicant inclusive of those of the proceedings for interim relief
before the Court of First Instance;

in Case T-118/04, orders the applicant to bear four fifths of its
own costs inclusive of those of the proceedings for interim relief
before the Court of First Instance;

in Case T-134/04, orders the Commission to pay all of the costs
inclusive of those of the proceedings for interim relief before the
Court of First Instance.

(1) OJ C 118, 30.4.2004.

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

(Case T-143/04) (1)

(Staff case — Officials — Reporting procedure — Career
development report — 2001/2002 appraisal procedure —
Action for annulment — Plea of illegality — Manifest error
of assessment)

(2007/C 82/68)

Language of the case: French

Parties

Applicant: Antonietta Camurato Carfagno (Brussels, Belgium)
(represented by: C. Mourato, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M. Velardo, agents)

Operative part of the judgment

Re:

The Court:

1.

in Case T-118/04, orders the Commission to pay the applicant the
sum of EUR one by way of damages for breach of administration;

Application for annulment of the decision of 9 April 2003
drawing up the definitive version of the applicant's career devel-
opment report in respect of the period from 1 July 2001 to
31 December 2002.

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)