Case T-259/03: Judgment of the Court of First Instance of 12 September 2007 — Nikolaou v Commission (Non-contractual liability — Inquiry of the European Anti-Fraud Office (OLAF) concerning a Member of the Court of Auditors — Divulgence of information — Protection of personal information — Access to the inquiry file and to OLAF's report — Sufficiently serious breach of the rules of law conferring rights on individuals — Causal link — Loss)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU control, European Anti-fraud Office, European Commission, appeal, confidentiality, disclosure of information, fundamental rights, personal data, protection of privacy

20.10.2007

EN

Official Journal of the European Union

C 247/23

3. Orders Olympiaki Aeroporia Ypiresies AE to pay 75 % of its own
costs and of those of the Commission and orders the Commission
to pay 25 % of its own costs and of those of Olympiaki Aeroporia
Ypiresies.

bear a quarter of its own costs and pay a quarter of the costs
incurred by Ms Nikolaou.

(1) OJ C 264, 1.11.2003.

(1) OJ C 112 of 10.5.2003.

Judgment of the Court of First Instance of 12 September
2007 — Nikolaou v Commission

(Case T-259/03) (1)

(Non-contractual
the European
liability — Inquiry
Anti-Fraud Office (OLAF) concerning a Member of the Court
of Auditors — Divulgence of information — Protection of
personal
information — Access to the inquiry file and to
OLAF's report — Sufficiently serious breach of the rules of
law conferring rights on individuals — Causal link — Loss)

of

(2007/C 247/33)

Language of the case: Greek

Parties

Applicant: Kalliopi Nikolaou (Athens, Greece) (represented by: V.
Christianos and V. Vlassi, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and C. Ladenburger, acting as
Agents)

Re:

Action for damages, pursuant
to the second paragraph of
Article 288 EC, for the loss suffered by the applicant following
publication of information concerning an inquiry carried out
concerning her by the European Anti-Fraud Office (OLAF) and
OLAF's refusal to grant her access to the inquiry file and to
supply her with a copy of its final report.

Operative part of the judgment

The Court:

1. Orders the Commission to pay Ms Kalliopi Nikolaou compensation

of EUR 3 000;

2. Dismisses the remainder of the action;

Judgment of the Court of First Instance of 12 September
formaggio Grana
2007 — Consorzio per la tutela del

Padano v OHIM — Biraghi (GRANA BIRAGHI)

(Case T-291/03) (1)

(Community
trade mark — Invalidity proceedings —
Community word mark GRANA BIRAGHI — Protection of
the designation of origin ‘grana padano’ — Lack of generic
nature — Article 142 of Regulation (EC) No 40/94 —
Regulation (EEC) No 2081/92)

(2007/C 247/34)

Language of the case: Italian

Parties

Applicant: Consorzio per la tutela del formaggio Grana Padano
(Desenzano del Garda,
(represented by: P. Perani, P.
Colombo and A. Schmitt, lawyers)

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Buffolo and O.
Montalto, Agents)

Intervener in support of the defendant: Italian Republic (represented
by G. Aiello, lawyer)

The other party to the proceedings before the Board of Appeal of
OHIM, intervener before the Court of First Instance, being: Biraghi
SpA, (Cavallermaggiore Italy) (represented by F. Antenucci, F.
Giuggia, P. Mayer and J.-L. Schiltz, lawyers)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 16 June 2003 (Case R 153/2002-1) relating to
invalidity proceedings between Consorzio per
la tutela del
formaggio Grana Padano and Biraghi SpA

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 16 June 2003 (Case R 153/2002-1);

3. Orders Ms Nikolaou to bear three quarters of her own costs and
three quarters of the costs incurred by the Commission, which is to

2. Orders OHIM to bear its own costs and to pay those incurred by

Consorzio per la tutela del formaggio Grana Padano;