Case T-368/04: Judgment of the Court of First Instance of 29 March 2007 — Verheyden v Commission (Staff case — Application to carry over annual leave — Requirements of the service — Sick leave — Protection of legitimate expectations)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, indemnification, paid leave, personnel administration, regulations for civil servants

28.4.2007

EN

Official Journal of the European Union

C 96/33

Re:

and R 1036/2001-4)
between Panrico, SA and House of Donuts International

concerning opposition proceedings

Application for the annulment of
the Council's decision of
30 April 2004 refusing to give the applicant access to certain
documents relating to the meeting of the committee of the
Council known as ‘the Article 133 Committee’ of 19 December
2003.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs of the Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs) and of the
intervener.

2. Orders the applicant to bear its own costs and to pay those incurred

by the Council;

(1) OJ C 300, 4.12.2004.

3. Orders the Commission to bear its own costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 18 April 2007
— House of Donuts International v OHIM — Panrico
(House of Donuts)

(Joined Cases T-333/04 and T-334/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cations for Community figurative marks ‘House of donuts’ —
Earlier national word marks ‘DONUT’ and earlier figurative
marks ‘donuts’ — Relative ground for refusal — Likelihood
of confusion)

Judgment of the Court of First Instance of 29 March 2007
— Verheyden v Commission

(Case T-368/04) (1)

(Staff case — Application to carry over annual
leave —
Requirements of the service — Sick leave — Protection of
legitimate expectations)

(2007/C 96/69)

Language of the case: French

(2007/C 96/68)

Parties

Language of the case: English

Parties

Applicant: House of Donuts International (George Town, Grand
Cayman) (represented by: N. Decker, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: S. Laitinen and
A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before
Instance: Panrico, SA
(Barcelona, Spain) (represented by: D. Pellisé Urquiza, lawyer)

the Court

of First

Re:

Two actions brought against the decisions of the Fourth Board
of Appeal of OHIM of 12 May 2004 (Cases R 1034/2001-4

Applicant: Luc Verheyden (Angera,
É. Boigelot, lawyer)

Italy)

(represented by:

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and L. Lozano Palacios, Agents)

Re:

Application, firstly, for annulment of the decisions of the appli-
cant's head of unit, dated 4, 24 and 27 February 2004, relating
to the applicant's application to carry over from 2003 to 2004
the days of annual leave not taken which exceeded the threshold
of 12 days and for annulment of the administration's decision
of 1 June 2004, received on 14 June 2004, rejecting the appli-
cant's complaint and, secondly, for an order that the Commis-
sion pay compensation for 32 days of annual leave not used up
and not paid, together with interest at 5.25 % from the date of
commencement of this action and for an order for payment of
damages in respect of non-material damage, detriment to his
career and detriment to his reputation

C 96/34

EN

Official Journal of the European Union

28.4.2007

Operative part of the judgment

Re:

The Court:

1. annuls the decision of

the applicant's superior of 27 February
2004 refusing to sign his application to carry over annual leave
from 2003 to 2004, in so far as it refuses to grant the carrying
over, in addition to the 12 days which may be carried over as of
right, of eight days of annual leave referred to by the director of
resources of the Joint Research Centre in an email of 11 February
2003;

2. orders the Commission to pay the applicant a sum corresponding to
eight thirtieths of his monthly remuneration at the time of leaving
the service, together with default interest as from 13 September
2004. The rate of default interest to be applied is to be calculated
on the basis of the European Central Bank's rate for its main refi-
nancing operations, in force during the period concerned, plus two
percentage points;

Application for annulment, firstly, of the Commission's decision
rejecting the tender from Euphet for the public procurement
contract ‘Evaluation Framework Contract covering the policy
areas
and
Directorate-General
Consumer Protection], Lot 1 (Public Health) — call for tenders
SANCO/2004/01/041’ and, secondly, of the Commission's deci-
sion awarding that contract to a third party

Health

[the

for

of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant, Deloitte Business Advisory NV, to pay the

costs, including those of the application for interim measures.

3. dismisses the action as to the remainder;

(1) OJ C 193, 6.8.2005.

4. orders the Commission to bear its own costs and to pay the costs

incurred by the applicant.

(1) OJ C 300, 4.12.2004.

Order of the Court of First Instance of 19 March 2007 —
the European
Tokai Europe GmbH v Commission of

Communities

(Case T-183/04) (1)

Judgment of the Court of First Instance of 18 April 2007
— Deloitte Business Advisory v Commission

(Action for annulment — Common Customs Tariff — Classi-
fication in the Combined Nomenclature — Person not indivi-
dually concerned — Inadmissibility)

(Case T-195/05) (1)

(Public service contracts — Call for tenders for programme
evaluation activities and other activities in the public health
sector — Rejection of a tender — Conflict of interest)

(2007/C 96/71)

Language of the case: German

(2007/C 96/70)

Language of the case: Dutch

Parties

Parties

Applicant: Tokai Europe GmbH (Mönchengladbach, Germany)
(represented by: H. Kroemer, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis and B. Schima, acting as Agents)

Applicant: Deloitte Business Advisory NV (Brussels, Belgium)
(represented by: D. Van Heuven, S. Ronse and S. Logie, lawyers)

Re:

Defendant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and E. Manhaeve, acting as
Agents)

Action for
annulment of Commission Regulation (EC)
No 384/2004 of 1 March 2004 concerning the classification of
certain goods in the Combined Nomenclature (OJ 2004 L 64,
p. 21)