Case T-100/04: Judgment of the Court of First Instance of 12 March 2008 — Giannini v Commission (Public service — General competition — Non-inclusion in the reserve list — Irregularities in the conduct of the tests liable to distort the result — Equal treatment — Action for annulment — Action for damages)
Date: 2008-03-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), equal treatment, servant (EU)

26.4.2008

EN

Official Journal of the European Union

C 107/23

Judgment of the Court of First Instance of 12 March 2008
— Evropaïki Dynamiki v Commission

(Case T-345/03) (1)

Defendant: Commission of the European Communities (repre-
sented by: initially, L. Lozano Palacios and M. Velardo, acting as
Agents, and subsequently, G. Berscheid, acting as Agent, and M.
Genton, lawyer)

(Public service contracts — Community tendering procedure
— Provision of services for the development and provision of
services in support of the Community Research and Develop-
ment Service (CORDIS) — Rejection of a tender — Principles
of equal treatment as between tenderers and transparency)

(2008/C 107/36)

Language of the case: English

Parties

Re:

the decision of

Application for annulment of
the selection
board in Competition COM/A/9/01 with a view to constituting
a reserve list for the recruitment of administrators (A7/A6) in
the fields of economics and statistics (OJ 2001 C 240 A, p. 12)
not to include his name on the competition reserve list, and an
application for damages.

Systimata
Evropaïki Dynamiki — Proigmena
Applicant:
Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented:
initially by S. Pappas and subsequently by N.
Korogiannakis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: C. O'Reilly and L. Parpala, agents)

Operative part of the judgment

The Court:

1. dismisses the action;

Re:

Application for the annulment of the decision to award the
contract which is the subject of
for
tenders ENTR/02/055 — CORDIS Lot 2 for the development
and provision of services for in support of the Community
Research and Development Service (CORDIS)

the Commission's call

Operative part of the judgment

The Court:

2. orders the Commission to pay its own costs and three quarters of

the costs of the applicant;

3. orders the applicant to pay one quarter of its own costs.

(1) OJ C 106, 30.4.2004.

1. Annuls the decision of the Commission of 16 July 2003 to award
tenders

contract which is

subject of

call

the

for

the
ENTR/02/55 — CORDIS Lot 2.

the

2. Orders the Commission to pay the costs.

Judgment of the Court of First Instance of 12 March 2008
— Sebirán v OHIM — El Coto de Rioja (Coto D'Arcis)

(1) OJ C 289, 29.11.2003.

(Case T-332/04) (1)

Judgment of the Court of First Instance of 12 March 2008
— Giannini v Commission

(Case T-100/04) (1)

(Public service — General competition — Non-inclusion in
the reserve list — Irregularities in the conduct of the tests
liable to distort the result — Equal treatment — Action for
annulment — Action for damages)

(2008/C 107/37)

Language of the case: French

Parties

Applicant: Massimo Giannini (Brussels, Belgium) (represented by:
G. Vandersanden and L. Levi, lawyers)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark Coto D'Arcis —
Earlier Community word marks EL COTO and COTO DE
IMAZ — Relative ground for refusal — Likelihood of confu-
sion — No damage to reputation — Article 8(1)(b) and (5) of
Regulation (EC) No 40/94)

(2008/C 107/38)

Language of the case: Spanish

Parties

Applicant: Sebirán SL (Requena, Spain)
Calderón Chavero and T. Villate Consonni, lawyers)

(represented by: A.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Laporta Insa,
agent)

(represented by: