Case T-324/04: Judgment of the Court of First Instance of 16 May 2007 — F v Commission (Staff cases — Officials — Expatriation allowance — Action for annulment — Action for damages — Article 4(1)(a) of Annex VII to the Staff Regulations — Concept of international organisation — Habitual residence and main occupation — Retroactive refusal to pay the expatriation allowance — Recovery of amounts wrongly paid)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, indemnification, redemption

C 155/20

EN

Official Journal of the European Union

7.7.2007

Defendant: Commission of the European Communities (repre-
sented initially by S. Rating,
subsequently by P. Oliver,
H. Gading and M. Schneider, and finally by W. Mölls and
R. Sauer, Agents)

Intervener in support of the defendant: Landbell AG für Rückhol-
Systeme (Mayence, Germany)
(represented by: A. Rinne and
A. Walz, lawyers)

Re:

Annulment of Article 3 of Commission Decision 2001/837/EC
of 17 September 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Cases
COMP/34493 — DSD, COMP/37366 — Hofman + DSD,
COMP/37299 — Edelhoff + DSD, COMP/37291 — Rechmann
+ DSD, COMP/37288 — ARGE and five other undertakings +
DSD, COMP/37287 — AWG and five other undertakings +
DSD, COMP/37526 — Feldhaus + DSD, COMP/37254 —
Nehlsen + DSD, COMP/37252 — Schönmakers + DSD, COMP/
37250 — Altvater + DSD, COMP/37246 — DASS + DSD,
COMP/37245 — Scheele + DSD, COMP/37244 — SAK + DSD,
COMP/37243 — Fischer + DSD, COMP/37242 — Trienekens +
DSD, COMP/37267 — Interseroh + DSD)
(OJ 2001 L 319,
p. 1), or, in the alternative, annulment of that decision in its
entirety and of
reproduced in
the applicant's commitment
recital 72 of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders

the applicant, Der Grüne Punkt — Duales System
Deutschland GmbH, to bear three quarters of its own costs, three
quarters of the costs incurred by the Commission, and the costs
incurred by Landbell AG Rückhol-Systeme;

3. Orders the Commission to bear a quarter of its own costs and a

quarter of the costs incurred by the applicant.

(1) OJ C 44, 16.2.2002.

Judgment of the Court of First Instance of 16 May 2007 —
F v Commission

(Case T-324/04) (1)

(Staff cases — Officials — Expatriation allowance — Action
for annulment — Action for damages — Article 4(1)(a) of
Annex VII to the Staff Regulations — Concept of interna-
tional organisation — Habitual residence and main occupa-
tion — Retroactive refusal to pay the expatriation allowance
— Recovery of amounts wrongly paid)

(2007/C 155/38)

Language of the case: French

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer, Agent)

Re:

First, annul the decisions of the Commission refusing with retro-
active effect to pay the applicant the expatriation allowance and
determining the method for recovery of the amounts wrongly
paid on that account and, second, order repayment of all the
amounts which have been or will be deducted from the appli-
cant's salary from February 2004, plus interest, and damages for
the material and non-material loss allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 300, 4.12.2004.

Judgment of the Court of First Instance of 16 May 2007 —
Merant v OHIM — Magazin Verlag (FOCUS)

(Case T-491/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark FOCUS — Earlier
national figurative mark MICRO FOCUS — Likelihood of
confusion — Similarity of signs — Article 8(1)(b) of Regu-
lation (EC) No 40/04)

(2007/C 155/39)

Language of the case: German

Parties

Applicant: Merant GmbH (Ismaning, Germany) (represented by:
A. Schulz, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
initially, D.
Schennen, subsequently, G. Schneider, acting as Agents)

(represented by:

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM,
intervener before the Court: Focus Magazin Verlag GmbH (Munich,
Germany) (represented by: U. Gürtler, lawyer)

Re:

Parties

Applicant: F (Rhodes-Saint-Genèse, Belgium)
É. Boigelot, lawyer)

(represented by:

Action brought against the decision of the Second Board of
Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in
opposition proceedings between Merant GmbH and Focus
Magazin Verlag GmbH.