Case C-12/05 P: Order of the Court (Sixth Chamber) of 14 December 2006 — Herbert Meister v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Employment — Reassignment of a head of service as legal adviser to the Vice-President for Legal Affairs — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Union Intellectual Property Office, European official, General Court (EU), action for annulment (EU), appeal, reassignment

C 82/8

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

2. Orders the Portuguese Republic to pay the costs.

The Combined Nomenclature in Annex I to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, as amended by Commission
Regulation (EC) No 1789/2003 of 11 September 2003, must be
interpreted as meaning that keypad membranes of polycarbonate which
have moulded keys on their upper side and non-conductive contact pins
on their underside and are intended for incorporation into mobile tele-
phones are covered by subheading 8529 90 40.

(1) OJ C 143, 17.6.2006.

Judgment of the Court (Seventh Chamber) of 1 February
the European Communities v
2007 — Commission of

Portuguese Republic

(Case C-324/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2004/116/EC — Inclusion of the yeast Candida guillier-
mondii in Annex I to Directive 82/471/ECC — Failure to
adopt necessary measures)

(2007/C 82/14)

Language of the case: Portuguese

Parties

(1) OJ C 224 of 16.9.2006.

Order of the Court (Sixth Chamber) of 14 December 2006
— Herbert Meister v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case C-12/05 P) (1)

(Appeal — Employment — Reassignment of a head of service
as legal adviser to the Vice-President for Legal Affairs —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(2007/C 82/15)

Language of the case: French

Parties

Appellant: Herbert Meister (represented by: P. Goergen, lawyer)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: I. de
Medrano Caballero, Agent)

Applicant: Commission of the European Communities (repre-
sented by: A. Szmytkowska and P. Guerra e Andrade, acting as
Agents)

Re:

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Fraústo de Azevedo, acting as Agents)

Re:

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Commission Directive 2004/116/EC of
23 December 2004 amending the Annex to Council Directive
82/471/EEC as regards the inclusion of Candida guilliermondii
(OJ 2004 L 379, p. 81)

Operative part of the judgment

The Court:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 28 October 2004 in Case T-76/03 Meister v
OHIM, in which the Court of First Instance dismissed the action
for annulment of OHIM's decision of 22 April 2002 appointing
the appellant, in the interest of the service, with his post, as
legal adviser to the Vice-President for Legal Affairs

Operative part of the order

1. The appeal and cross-appeal are dismissed;

2. Mr Meister is ordered to pay the costs of the appeal;

3. The Office for Harmonisation in the Internal Market (Trade Marks

and Designs) is ordered to pay the costs of the cross-appeal.

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Commission Directive
2004/116/EC of 23 December 2004 amending the Annex to
Council Directive 82/471/EEC as regards the inclusion of Candida
guilliermondii, the Portuguese Republic has failed to fulfil its obli-
gations under Article 2(1) of that directive;

(1) OJ C 93, 16.4.2005.