Case T-46/05: Judgment of the Court of First Instance of 30 January 2008 — Commission v Environmental Management Consultants (Arbitration clause — Reimbursement of amounts paid — Default interest — Default procedure)
Date: 2008-01-30
Institutions: Court of First Instance
Subjects: EU financing, European Commission, analytical chemistry, appeal to the Court (EU), bankruptcy, contract, redemption, research project, technological change, termination of a contract

C 64/34

EN

Official Journal of the European Union

8.3.2008

2. Dismisses the remainder of the action;

Judgment of the Court of First Instance of 30 January 2008
— Commission v Environmental Management Consultants

3. Orders Mr Ioannis Terezakis to bear one half of his own costs;

4. Orders the Commission to bear its own costs and pay one half of

the costs incurred by Mr Terezakis.

(Case T-46/05) (1)

(Arbitration clause — Reimbursement of amounts paid —
Default interest — Default procedure)

(1) OJ C 300, 4.12.2004.

(2008/C 64/54)

Language of the case: Greek

Judgment of the Court of First Instance of 30 January 2008
— Strack v Commission

(Case T-394/04) (1)

(Civil service — Officials — Promotion — 2003 promotion
procedure — Allocation of priority points — Refusal of
promotion)

(2008/C 64/53)

Language of the case: German

Parties

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

Defendant: Environmental Management Consultants
Cyprus)

(Nicosia,

Re:

Action brought by the Commission pursuant to Article 238 EC
seeking to obtain reimbursement in the sum of EUR 31 965,28
which it paid in the context of the performance of contract
IC18-CT98-0273, plus statutory interest

Parties

Applicant: Guido Strack (Wasserliesch, Germany) (represented by:
first J. Mosar, then F. Gengler and P. Goergen, lawyers)

Operative part of the judgment

The Court of First Instance hereby:

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Krämer, Agents)

1. Orders Environmental Management Consultants Ltd to repay to
the European Communities the amount of

the Commission of
EUR 31 965,28, plus interest:

Re:

Application for annulment of the promotion procedure carried
out in respect of the applicant for 2003, of the allocation of
points made in the context of that procedure and the subse-
quent decision not to promote the applicant

Operative part of the judgment

The Court of First Instance hereby:

1. Annuls the decision concerning the number of priority points allo-
cated to Guido Strack in the 2003 promotion procedure and the
decision not to promote him through that procedure.

2. Orders the Commission to pay the costs.

— at the rate of 9,26 % per annum from 1 to 31 August 2001;

— at

the rate of 8,62 % per annum from 1 September

to

31 December 2001;

— at the rate of 10,57 % per annum from 1 January to 30 June

2002;

— at the rate of 10,47 % per annum from 1 July to 31 December

2002;

— at the rate of 9,97 % per annum from 1 January to 30 June

2003;

— at the rate of 9,22 % per annum from 1 July to 31 December

2003;

— at the rate of 9,14 % per annum from 1 January to 30 June

2004;

— at the rate of 9,13 % per annum from 1 July to 31 December

(1) OJ C 300, 4.12.2004.

2004;

— at

the

rate of 9,21 % per annum from 1 January to

31 January 2005;

8.3.2008

EN

Official Journal of the European Union

C 64/35

— at the statutory rate, calculated in accordance with Article 288
of the Bürgerliches Gesetzbuch (German Civil Code) without
that rate exceeding 9,21 % from 1 February 2005 until the
discharge of the debt.

Judgment of the Court of First Instance of 31 January 2008
— Federación de Cooperativas Agrarias de la Comunidad
Valenciana v CPVO

2. Orders Environmental Management Consultants to pay the costs.

(Case T-95/06) (1)

(1) OJ C 108, 6.5.2006.

(Plant varieties — Appeal to the Board of Appeal of the
Community Plant Variety Office — Inadmissibility — Lack of
individual concern — Effective judicial protection — Obliga-
tion to state reasons)

(2008/C 64/56)

Language of the case: Spanish

Judgment of the Court of First Instance of 24 January 2008
— Dorel Juvenile Group v OHIM (SAFETY 1ST)

(Case T-88/06) (1)

Parties

(Community trade mark — Application for the Community
word mark SAFETY 1ST — Absolute ground for refusal —
Lack of distinctive character — Article 7(1)(b) of Regulation
(EC) No 40/94)

Applicant: Federación de Cooperativas Agrarias de la Comunidad
Valenciana (Valencia, Spain)
(represented by: S. Roig Girbes,
R. Ortega Bueno and M. Delgado Echevarría, lawyers)

(2008/C 64/55)

Language of the case: English

Parties

Applicant: Dorel Juvenile Group, Inc. (Canton, United States of
America) (represented by: G. Simon, lawyer)

Defendant: Community Plant Variety Office (CPVO) (represented
by: M. Ekvad, acting as Agent, assisted by D. O'Keefe, Solicitor,
J. Rivas de Andrés and M. Canal Fontcuberta, lawyers)

Other party to the proceedings before the Board of Appeal of CPVO
intervening before the Court of First Instance: Nador Cott Protection
(represented by: M. Fernández
SARL (Saint-Raphaël, France)
Mateos, S. González Malabia and M. Marín Bataller, lawyers)

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

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 January 2006 (Case R 616/2004-2)
relating to an application for registration of the word mark
SAFETY 1ST as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dorel Juvenile Group, Inc. to pay the costs.

Action brought against the decision of the Board of Appeal of
CPVO of 8 November 2005 (Case A 001/2005) concerning the
in regard to the
grant of a Community plant variety right
mandarin variety Nadorcott.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Federación de Cooperativas Agrarias de la Comunidad

Valenciana to pay the costs.

(1) OJ C 108, 6.5.2006.

(1) OJ C 131, 3.6.2006.