Case T-318/04: Judgment of the Court of First Instance of 8 February 2007 — Boucek v Commission (Officials — Open competition — Non-admission to written test — Tardy submission of application)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, competition (EU)

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.

C 82/34

EN

Official Journal of the European Union

14.4.2007

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 13 February
2007 — Ontex v OHIM — Curon Medical (CURON)

(Case T-353/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CURON — Opposition
by the proprietor of the Community word mark EURON —
Likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94)

(2007/C 82/74)

Language of the case: English

Parties

Judgment of the Court of First Instance of 13 February
2007 — Petralia v Commission

(Case T-354/04) (1)

(Officials — Temporary agents — Scientific service — Classi-
fication in grade)

(2007/C 82/75)

Language of the case: Italian

Parties

Applicant: Gaetano Petralia (Brussels, Belgium) (represented by:
C. Forte, lawyer)

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

Re:

Annulment of the Commission's decision of 7 October 2003
definitively classifying the applicant in grade B5, step 3, and the
decision of 13 May 2004 dismissing the applicant's claim.

Operative part of the judgment

The Court:

1. Dismisses the action;

Applicant: Ontex NV (Buggenhout, Belgium)
M. Du Tré, lawyer)

(represented by:

2. Orders the parties to bear their own costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard
Monguiral, Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Curon Medical Inc.
(Sunnyvale, California, United States) (represented by: C. Algar
and J. Cohen, solicitors, and T. Ludbrook, barrister)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 5 July 2004 (Case R 22/2004-2), relating to
opposition proceedings between Ontex NV and Curon Medical,
Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 14 February
2007 — Simões Dos Santos v OHIM

(Case T-435/04) (1)

(Staff case — OHIM officials and temporary staff — Reports
and promotion — Merit points reset at zero and their total
recalculated — Transitional arrangements — Action for
annulment — Plea of illegality — Non-retroactivity — Princi-
ples of legality and legal certainty — Legal basis — Legiti-
mate expectations — Equal treatment)

(2007/C 82/76)

Language of the case: French

(1) OJ C 273, 6.11.2004.

Parties

Applicant: Manuel Simões Dos Santos (Madrid, Spain)
sented by: A. Creus Carreras, lawyer)

(repre-