Case T-402/03: Judgment of the Court of First Instance of 15 March 2007 — Katalagarianakis v Commission (Officials — Appointment — Review of classification in grade and step — Application of the Court's case-law — Articles 5 and 31(2), the second paragraph of Article 32 and Articles 45 and 62 of the Staff Regulations)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, regulations for civil servants

C 95/36

EN

Official Journal of the European Union

28.4.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 22 March 2007
— SIGLA v OHIM — Elleni Holding (VIPS)

Judgment of the Court of First Instance of 15 March 2007
— Katalagarianakis v Commission

(Case T-215/03) (1)

(Case T-402/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark VIPS — Earlier national
word mark VIPS — Article 8(5) of Regulation (EC) No 40/94
— Article 74 of Regulation (EC) No 40/94 — Principle that
the parties delimit the subject matter of the proceedings —
Rights of the defence)

(Officials — Appointment — Review of classification in
grade and step — Application of the Court's case-law —
Articles 5 and 31(2), the second paragraph of Article 32 and
Articles 45 and 62 of the Staff Regulations)

(2007/C 95/71)

Language of the case: Spanish

(2007/C 95/72)

Language of the case: French

Parties

Parties

Applicant: SIGLA SA (Madrid, Spain) (represented by: E. Armijo
Chávarri, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: I. de Medrano Cabal-
lero and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Elleni Holding BV (Alphen aan de Rijn, Netherlands)

Applicant: Georgios Katalagarianakis (Overijse, Belgium) (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:

Re:

Action brought against
the Third Board of
Appeal of OHIM of 1 April 2003 (Case R 1127/2000-3)
relating to opposition proceedings between SIGLA SA and
Elleni Holding BV

the decision of

the Commission's decision
Application for annulment of
reviewing and fixing the applicant's classification at recruitment
at Grade A6, first step, reviewing and fixing his subsequent clas-
sification at Grade A5, third step, on 1 April 2000 and fixing
the starting point of its pecuniary effects at 5 October 1995.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal market (Trade Marks and Designs)
of 1 April 2003 (Case R 1127/2000-3);

1. Annuls the Commission's decision of 14 April 2003 in so far as it
fixes the starting point of its pecuniary effects at 5 October 1995.

2. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) to pay the costs incurred by the applicant.

2. Rules that the Commission is to undertake a comparative examina-
tion of the applicant's merits and those of the officials promoted to
Grade A5 in each promotion year since 1 May 1993.

(1) OJ C 200, 23.8.2003.

3. Following that examination and if

the Commission should be
unable to award the applicant such promotion in grade as may
appear justified, invites the parties to seek agreement as to appro-
priate compensation.

28.4.2007

EN

Official Journal of the European Union

C 95/37

4. Rules that the parties are to inform the Court within three months
of the delivery of this judgment of the content of any agreement
they may have reached, failing which, of their conclusions, with
figures, as to the assessment of the loss sustained.

2. Rules that the Commission is to undertake a comparative examina-
tion of the applicant's merits and those of the officials promoted to
Grade A5 since 16 April 1993, and then to Grade A4 since
16 January 1998.

5. Dismisses the remainder of the action.

6. Reserves the costs.

(1) OJ C 35 of 7.2.2004.

3. Following that examination and if

the Commission should be
unable to award the applicant such promotion in grade as may
appear justified, invites the parties to seek agreement as to appro-
priate compensation, taking into account, if appropriate, the appli-
cation for damages by way of compensation made by the applicant.

4. Rules that the parties are to inform the Court within three months
of the delivery of this judgment of the content of any agreement
they may have reached, failing which, of their conclusions, with
figures, as to the assessment of the loss sustained.

5. Dismisses the remainder of the action.

Judgment of the Court of First Instance of 15 March 2007
— Dascalu v Commission

6. Reserves the costs.

(Case T-430/03) (1)

(1) OJ C 47 of 21.2.2004.

(Officials — Appointment — Review of classification in
grade and step — Application of the Court of Justice's case-
the second paragraph of
law — Articles 5 and 31(2),

Article 32 and Articles 45 and 62 of the Staff Regulations)

(2007/C 95/73)

Language of the case: French

Parties

Judgment of the Court of First Instance (Third Chamber) of
14 March 2007 — Aluminium Silicon Mill Products GmbH
v Council of the European Union

(Case T-107/04) (1)

Applicant:
N. Lhoest, lawyer)

Iosif Dascalu (Kraainem, Belgium)

(represented by:

(Action for annulment — Dumping — Imports of silicon
originating in Russia — Injury — Causal link)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser, L. Lozano Palacios and H. Krämer,
originally, and then by C. Berardis-Kayser and H. Krämer,
Agents)

(2007/C 95/74)

Language of the case: English

Re:

Parties

First, application for annulment of the Commission's decisions
of 23 December 2002 and 14 April 2003 altering the appli-
cant's classification in grade, in so far as they fix his classifica-
fix
tion in step on recruitment
5 October 1995 as the date on which they were to take
pecuniary effect and do not re-establish the applicant's career in
grade and, so far as may be necessary, an application for annul-
ment of the decisions rejecting the applicant's complaints and,
second, an application seeking compensation for the damage
allegedly caused by those decisions.

in Grade A6,

step,

first

Applicant: Aluminium Silicon Mill Products GmbH (Zug, Swit-
zerland) (represented by: A. Willems and L. Ruessmann, lawyers)

Defendant: Council of
M. Bishop, Agent, and by G. Berrisch, lawyer)

the European Union (represented by:

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: T. Scharf and K. Talabér
Ricz, Agents)

Operative part of the judgment

Re:

The Court:

1. Annuls the Commission's decision of 14 April 2003 in so far as it
fixes 5 October 1995 as the starting point of its pecuniary effects.

Annulment of Council Regulation (EC) No 2229/2003 of
22 December 2003 imposing a definitive anti-dumping duty
and collecting definitively the provisional duty imposed on
imports of silicon originating [in] Russia (OJ 2003 L 339, p. 3).