Case T-66/05: Judgment of the Court of First Instance of 11 December 2007 — Sack v Commission (Civil service — Official — Action for annulment — Responsibility bonus — Duties of Head of unit — Equal treatment — Duty to state reasons — Language provisions)
Date: 2007-12-11
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), bonus payment, equal pay, personnel administration

C 22/40

EN

Official Journal of the European Union

26.1.2008

COURT OF FIRST INSTANCE

Judgment

of

the

Court

of

First

Instance

of

12 December 2007 — Pagliacci v Commission

(Case T-307/04) (1)

(Officials — Open competition — Failure
to include
candidate's name on the reserve list — Breach of the notice of
competition — Qualifications and professional experience
required)

(2008/C 22/72)

Language of the case: French

Defendant: Commission of the European Communities (repre-
Joris and H. Krämer, acting as Agents, and B.
sented by: V.
Wägenbaur, lawyer)

Re:

Action for annulment of the decisions relating to the fixing of
the applicant's monthly salary for the months of May 2004 to
February 2005, application for a fresh calculation of that salary
and action for annulment of the express decision to reject the
applicant's claim, notified to him on 26 November 2004.

Parties

(represented by:
Applicant: Carlo Pagliacci
S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers, initi-
ally, and F. Schiaudone, lawyer, subsequently)

(Brussels, Belgium)

Operative part of the judgment

The Court:

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and H. Tserepa-Lacombe, Agents)

1. Dismisses the action;

2. Orders each party to bear its own costs.

Re:

Action for annulment of the decision of the selection board of
competition COM/A/1/02, which gave the applicant insufficient
points in the tests for his name to be included in the list of
successful candidates.

(1) OJ C 106, 30.4.2005.

Operative part of the judgment

The Court:

1. Annuls

the

decision of

competition
COM/A/1/02 which gave Mr Carlo Pagliacci insufficient points in
the tests for his name to be included in the list of successful candi-
dates;

section board

the

of

2. Orders the Commission to pay the costs.

(1) OJ C 262, 14.5.2005.

Judgment of the Court of First Instance of 12 December
2007 — K & L Ruppert Stiftung v OHIM — Lopes de
Almeida Cunha and Others (CORPO livre)

(Case T-86/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the figurative mark CORPO LIVRE — National
and international word marks LIVRE — Proof of use of the
earlier marks submitted out of time)

(2008/C 22/74)

Language of the case: German

Judgment of the Court of First Instance of 11 December
2007 — Sack v Commission

(Case T-66/05) (1)

Parties

(Civil service — Official — Action for annulment — Respon-
sibility bonus — Duties of ‘Head of unit’ — Equal treatment
— Duty to state reasons — Language provisions)

Applicant: K & L Ruppert Stiftung & Co. Handels-KG (Weilheim,
Germany)
(represented by: D. Spohn and A. Kockläuner,
lawyers)

(2008/C 22/73)

Language of the case: German

Parties

Applicant:
Lehmann-Brauns and D. Mahlo, lawyers)

Jörn Sack (Berlin, Germany)

(represented by: U.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: G. Schneider, acting
as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM:
Natália Cristina Lopes de Almeida Cunha (Vila Nova de Gaia,
Portugal); Cláudia Couto Simões, (Vila Nova de Gaia); and Marly
Lima Jatobá (Vila Nova de Gaia)