Case C-276/06: Order of the Court (Fifth Chamber) of 17 April 2007 (reference for a preliminary ruling from the Tribunal du Travail, Verviers (Belgium)) — Mamate El Youssfi v Office National des Pensions (ONP) (Article 104(3), first subparagraph, of the Rules of Procedure — Euro-Mediterranean Agreement EC-Morocco — Article 65 — Principle of non-discrimination in matters of social security — Statutory Guaranteed Income for Elderly Persons)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Belgium, Morocco, cooperation agreement (EU), interpretation of the law, pension scheme, social-security harmonisation

28.4.2007

EN

Official Journal of the European Union

C 96/25

Re:

Re:

Appeal brought against the Order of the Court of First Instance
(First Chamber) of 22 March 2006 in Case T-4/05 Strack v
Commission by which the Court dismissed as inadmissible an
action seeking, first, annulment of OLAF's decision to close an
investigation initiated after allegations of fraud made by the
appellant, and of
the investigation, and,
second, re-initiation of that investigation and the drawing up of
a new final report — Meaning of ‘act adversely affecting an offi-
cial’
the European
Communities — Obligation to refer the case to the Civil Service
Staff Tribunal

in the Staff Regulations of Officials of

the final report of

Operative part of the order

1. The appeal is dismissed.

2. Mr Strack is ordered to pay the costs.

(1) OJ C 165, 15.7.2006.

Appeal against the judgment of the Court of First Instance (First
Chamber) of 5 April 2006 in Case T-344/03 Saiwa SpA v
Instance dismissed an
OHIM, by which the Court of First
action, brought by the applicant for the national and interna-
tional word mark ‘ORO’
and the national word mark
‘ORO SAIWA’ for goods in Class 30, for annulment of Decision
R 480/2002-4 of the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market (OHIM) of 18 July 2003
dismissing the appeal brought against the decision of the Oppo-
sition Division which rejected the opposition filed against the
application to register a figurative mark including the word
elements ‘SELEZIONE ORO’ and ‘Barilla’ for goods in Class 30
— Similarity of marks — Infringement of Article 8(1)(b) of
Regulation (EC) No 40/94 on the Community trade mark.
(OJ 1993 L 11, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. Saiwa SpA is ordered to pay the costs.

3. Barilla G. and R. Fratelli SpA shall bear its own costs.

Order of the Court of 9 March 2007 — Saiwa SpA v
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) and Barilla G. and R. Fratelli SpA

(1) OJ C 178, 29.7.2006.

(Case C-245/06 P) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Application for a figurative mark including the word element
‘SELEZIONE ORO Barilla’ — Opposition by the holder of
the national and international trade mark ORO and the
national trade mark ORO SAIWA — Appeal in part mani-
festly inadmissible and in part manifestly unfounded)

(2007/C 96/44)

Language of the case: Italian

Parties

Applicant: Saiwa SpA (represented by: G. Sena, P. Tarchini,
J.-P. Karsenty, M. Karsenty-Ricard, avocats)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
O. Montalto and L. Rampini, Agents), Barilla G. and R Fratelli
by
SpA,
A. Vanzetti, avvocato)

formerly Barilla Alimentare

SpA (represented

Order of the Court (Fifth Chamber) of 17 April 2007
(reference for a preliminary ruling from the Tribunal du
Travail, Verviers (Belgium)) — Mamate El Youssfi v Office
National des Pensions (ONP)

(Case C-276/06) (1)

(Article 104(3), first subparagraph, of the Rules of Procedure
— Euro-Mediterranean Agreement EC-Morocco — Article 65
— Principle of non-discrimination in matters of social security
— Statutory Guaranteed Income for Elderly Persons)

(2007/C 96/45)

Language of the case: French

Referring court

Tribunal du Travail, Verviers

C 96/26

EN

Official Journal of the European Union

28.4.2007

Parties

Applicant: Mamate El Youssfi

Defendant: Office National des Pensions (ONP)

Re:

Reference for a preliminary ruling — Tribunal du Travail de
Verviers — Interpretation of Article 41 of
the Cooperation
Agreement between the EEC and the Kingdom of Morocco,
approved by Council Regulation (EEC) No 2211/78 of
26 September 1978 concerning the conclusion of the Coopera-
tion Agreement the European Economic Community and the
Kingdom of Morocco (OJ 1978 L 264, p. 1), as amended by
Article 65 of the Euro-Mediterranean Agreement establishing an
association between the European Communities and their
Member States, of the one part, and the Kingdom of Morocco,
of the other part (OJ 2000 L 70, p. 2) and Council Regulation
(EC) No 859/2003 of 14 May 2003 extending the provisions of
Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72
to nationals of third countries who are not already covered by
those provisions solely on the ground of their nationality (OJ
2003 L 124, p. 1) and Regulation (EC) No 883/2004 of the
European Parliament and of the Council of 29 April 2004 on
the coordination of social security systems (OJ 2004 L 166,
p. 1) — Principle of non discrimination — Refusal to grant stat-
utory guaranteed income to elderly persons to a Moroccan
national resident in Belgium

Operative part of the order

on

approved

The first subparagraph of Article 65(1) of the Euro-Mediterranean
Agreement establishing an association between the European Commu-
nities and their Member States, of the one part, and the Kingdom of
Morocco, of the other part, signed in Brussels on 26 February 1996
of
and
by Decision
the Council and the Commission of
No 2000/204/EC, ECSC of
24 January 2000 must be interpreted as meaning that
the host
Member State may not refuse to grant the statutory guaranteed income
for elderly persons to a Moroccan national who has reached the age of
65 and resides legally in that State as long as she comes within the
scope of that provision

the Communities

behalf

Order of

the Court of 20 March 2007 — Theodoros

Kallianos v Commission of the European Communities

(Case C-323/06 P) (1)

(Appeal — Official — Remuneration — Maintenance
payments in the context of divorce proceedings — Deductions
from salary)

(2007/C 96/46)

Language of the case: French

Parties

Applicant: Theodoros Kallianos (represented by: G. Archambeau,
avocat)

the European
Other party to the proceedings: Commission of
Communities (represented by: J. Currall and D. Martin, acting as
Agents, and D. Waelbroeck, avocat)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Third Chamber) of 17 May 2006 in Case T-93/04
Kallianos v Commission, by which the Court of First Instance
dismissed, first, the application for annulment of the Commis-
sion's decision concerning certain deductions made from the
appellant's remuneration in pursuance of
interim measures
ordered by a Belgian court, and second, the appellant's claim for
reimbursement of those sums and for damages — Powers of the
European institutions in the context of national divorce proceed-
ings — Methods of communication of divorce decrees and their
effectiveness vis-à-vis those institutions

— either because she herself has been employed in the Member State

concerned,

Operative part of the order

1. The appeal is dismissed.

— or she is a member of the family of a worker of Moroccan nation-

ality who has been employed in that State.

2. Mr Kallianos shall pay the costs.

(1) OJ C 224 of 16.9.2006.

(1) OJ C 224, 16.9.2006.