Case T-154/05: Judgment of the Court of First Instance of 25 October 2007 — Lo Giudice v Commission (Staff case — Officials — Mental harassment — Actions for annulment — Duty to provide assistance — Duty to state reasons — Legitimate expectations — Article 24 of the Staff Regulations — Duty to have regard for the welfare of officials — Admissibility — Application for damages)
Date: 2007-12-08
Institutions: Court of First Instance
Subjects: European Commission, European official, abuse of power, action for annulment (EU), psychological harassment, regulations for civil servants, rights of civil servants

C 297/40

EN

Official Journal of the European Union

8.12.2007

Judgment of the Court of First Instance of 23 October
2007 — Commission v Impetus

(Case T-138/05) (1)

(Arbitration clause — Framework programmes for activities
in the field of research and technological development —
Contracts concerning projects in the field of telematics appli-
cations of common interest — Lack of supporting documenta-
tion and failure of part of the declared expenditure to comply
with the contractual provisions — Repayment of the sums
paid)

2. Orders Impetus Simvouloi Mikhanikoi — Kainotomia kai Tekhno-
logia EPE, under the Ausias (ATT in Urban Sites with Integration
and Standardisation) contract (reference TR 1006), to pay to the
Commission the sum of EUR 14 678,41 by way of principal sum,
together with interest for late payment, at the statutory annual rate
applicable in Spain, from 15 November 2002 until payment in
full of the debt;

3. Orders Impetus Simvouloi Mikhanikoi — Kainotomia kai Tekhno-
logia EPE, under the Artis (Advanced Road Transport Informatics
in Spain) contract (reference V 2043), to pay to the Commission
the sum of EUR 9 230,77 by way of principal sum, together with
interest for late payment, at the statutory annual rate applicable in
Spain, from 29 January 2003 until payment in full of the debt.

(2007/C 297/81)

Language of the case: Greek

4. Orders each party to bear its own costs.

(1) OJ C 182, 23.7.2005.

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou, Agent, assisted by N. Kostikas,
lawyer)

Defendant:
Impetus Simvouli Mikhanikoi — Kainotomia kai
Tekhnologia EPE (Athens, Greece) (represented by: P. Miliarakis,
lawyer)

Re:

the

Invite

contract

(Inland Navigation Telematics)

to an arbitration clause within the
Application, pursuant
meaning of Article 238 EC,
Impetus
for an order against
Simvouloi Mikhanikoi — Kainotomia kai Tekhnologia EPE to
repay part of the sums paid to it by the European Community
under
contract
(reference COP 493) and under the Ausias (ATT in Urban Sites
with Integration and Standardisation)
(reference
TR 1006), concluded in the framework of Decision No 1110/94
of the European Parliament and of the Council of 26 April
1994 concerning the fourth framework programme of
the
European Community activities in the field of research and tech-
nological development and demonstration (OJ 1994 L 126,
p. 1), and part of the sums paid under the Artis (Advanced
Road Transport
(reference
V 2043), concluded in the framework of Council Decision
90/221/Euratom, EEC of 23 April 1990 concerning the frame-
work programme of Community activities in the field of
(1990 to 1994)
research and technological development
(OJ 1990 L 117, p. 28).

Informatics

in Spain)

contract

Judgment of the Court of First Instance of 25 October
2007 — Lo Giudice v Commission

(Case T-154/05) (1)

(Staff case — Officials — Mental harassment — Actions for
annulment — Duty to provide assistance — Duty to state
reasons — Legitimate expectations — Article 24 of the Staff
Regulations — Duty to have regard for the welfare of officials
— Admissibility — Application for damages)

(2007/C 297/82)

Language of the case: French

Parties

Applicant: Carmela Lo Giudice (Grimbergen, Belgium)
sented by: F. Frabetti and G. Bouneou initially,
Frabetti, lawyers)

(repre-
then by F.

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer)

Operative part of the judgment

The Court:

Re:

1. Dismisses the Commission's claim for repayment of the sum of
EUR 136 037,30 under the Invite (Inland Navigation Telematics)
contract (reference COP 493);

In substance, first, an application for annulment of the Commis-
sion's decision concluding there was no mental harassment and,
secondly, an application for damages seeking compensation for
the non-material harm allegedly suffered.

8.12.2007

EN

Official Journal of the European Union

C 297/41

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court of First Instance of 17 October
2007 — InterVideo v OHIM (WinDVD Creator)

(Case T-105/06) (1)

(Community trade mark — Application for Community
figurative mark WinDVD Creator — Absolute grounds for
refusal — Articles 4 and 7(1)(b) and (c) of Regulation (EC)
No 40/94)

(2007/C 297/83)

Language of the case: English

Order of the Court of First Instance of 1 October 2007 —
U.S. Steel Košice v Commission

(Case T-489/04) (1)

(Action for annulment — Directive 2003/87/EC — Scheme
for greenhouse gas emission allowance trading — National
allocation plan for emission allowances for Slovakia in respect
of the period from 2005 to 2007 — Decision indicating
that the Commission has no intention to raise objections —
Non-actionable measure — Inadmissibility)

(2007/C 297/84)

Language of the case: English

Parties

Applicant: U.S. Steel Košice s.r.o. (Košice, Slovakia) (represented
by: E. Vermulst, Lawyer, C. Thomas, Solicitor, and D. Hueting,
Barrister)

Defendant: Commission of the European Communities (repre-
sented by: U. Wölker and D. Lawunmi, Agents)

Parties

Applicant:
InterVideo Inc.
(represented by: K. Manhaeve, lawyer)

(Fremont, California, United States)

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Mondéjar, Agent)

Re:

Action against the decision of the Second Board of Appeal of
OHIM of 31 January 2006 (Case R 987/2005-2), relating to
registration of the figurative sign WinDVD Creator as a Com-
munity trade mark

the Commission Decision of
ACTION for annulment of
20 October 2004 concerning the national allocation plan for
greenhouse gas emission allowances notified by the Slovak
Republic for the period from 2005 to 2007 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for green-
house gas emission allowance trading within the Community
and amending Council Directive 96/61/EC (OJ 2003 L 275,
p. 32),

Operative part of the judgment

Operative part of the order

The Court:

1. Dismisses the action.

2. Orders InterVideo Inc. to pay the costs.

(1) OJ C 121, 20.5.2006.

1. The action is dismissed as inadmissible.

2. U.S. Steel Košice s.r.o. shall pay the costs.

(1) OJ C 82, 2.4.2005.