Case T-56/07 P: Judgment of the Court of First Instance of 8 July 2008 — Commission v Economidis (Appeals — Staff cases — Officials — Annulment at first instance of the Commission's decision to appoint a head of unit — Rejection of the applicant's candidature — Appointment of another candidate — Determination of the level of the post to be filled in the vacancy notice — Principle of separation of the grade and the function — Appeal well-founded — Dispute capable of being decided — Dismissal of the action)
Date: 2008-07-08
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, appointment of staff, staff assessment

15.8.2008

EN

Official Journal of the European Union

C 209/49

Judgment of the Court of First Instance of 2 July 2008 —
Stradivarius España v OHIM — Ricci (Stradivari 1715)

Judgment of the Court of First Instance of 8 July 2008 —
Commission v Economidis

(Case T-340/06) (1)

(Case T-56/07 P) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark Stradivari 1715 —
Earlier Community figurative Stradivarius trade marks —
Relative ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 209/85)

(Appeals — Staff cases — Officials — Annulment at first
instance of the Commission's decision to appoint a head of
unit — Rejection of the applicant's candidature — Appoint-
ment of another candidate — Determination of the level of the
filled in the vacancy notice — Principle
post
to be
the grade and the function — Appeal
of separation of
capable of being decided —
well-founded — Dispute

Dismissal of the action)

Language of the case: Italian

(2008/C 209/86)

Language of the case: French

Parties

Applicant: Stradivarius España (Arteixo, Spain) (represented by:
G. Marín Raigal and P. López Ronda, lawyers)

Parties

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

Other party to the proceedings before the Board of Appeal of OHIM:
Cristina Ricci (Reggello, Italy) (represented by: P. Roncaglia, G.
Lazzaretti, M. Boretto and E. Gavuzzi, lawyers)

Re:

Appellant: Commission of the European Communities (repre-
sented by: J. Currall and G. Berscheid, Agents)

Other party to the proceedings: Ioannis Economidis (Woluwé-Saint-
Etienne, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N.
Louis and E. Marchal, lawyers)

Interveners in support of the appellant: European Parliament (repre-
sented by: C. Burgos and A. Lukošiūtė, Agents); Council of the
European Union (represented by: M. Simm and I. Sulce, Agents);
and Court of Auditors of the European Communities (repre-
sented by: T. Kennedy, J.-M. Stenier and B. Schäfer, Agents)

Action brought against the decision of the Board of Appeal of
OHIM of 7 September 2006 (Case R 1024/2005-1) concerning
opposition proceedings between Stradivarius España, SA and
Cristina Ricci.

Re:

Operative part of the judgment

The Court hereby:

1. Dismisses the action;

2. Orders Stradivarius España, SA to pay the costs.

(1) OJ C 326, 30.12.2006.

Appeal against the judgment of the Civil Service Tribunal of the
European Union (Second Chamber) of 14 December 2006 in
Case F-122/05 Economidis v Commission, not yet published in the
ECR-SC, seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Union of 14 December 2006 in Case F-122/05 Econo-
midis v Commission, not yet published in the ECR-SC;

the Civil Service Tribunal of

2. Dismisses the action brought by Mr Ioannis Economidis before the

Civil Service Tribunal in Case F-122/05;

C 209/50

EN

Official Journal of the European Union

15.8.2008

3. Orders Mr Economidis and the Commission to bear their own costs
both in relation to the proceedings before the Civil Service Tribunal
and before this Court;

Judgment of the Court of First Instance of 8 July 2008 —
Lancôme v OHIM — CMS Hasche Sigle (COLOR EDITION)

4. Orders the European Parliament,

the European
Union and the Court of Auditors of the European Communities to
bear their own costs.

the Council of

(1) OJ C 95, 28.4.2007.

(Case T-160/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark COLOR EDITION — Absolute ground for
refusal — Descriptive character — Article 7(1)(c) of Regu-
lation (EC) No 40/94 — Legal interest in bringing proceed-
ings — Article 55 of Regulation No 40/94)

(2008/C 209/88)

Language of the case: French

Judgment of the Court of First Instance of 9 July 2008 —
BYK v OHIM (Substance for Success)

(Case T-58/07) (1)

Parties

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

Applicant: Lancôme parfums et beauté & Cie SNC (Paris, France)
(represented by: E. Baud, lawyer)

(2008/C 209/87)

Language of the case: German

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Parties

Other party to the proceedings before the Board of Appeal of OHIM:
CMS Hasche Sigle (Cologne, Germany)

Applicant: BYK-Chemie GmbH (Wesel, Germany)
by: J. Kroher and E. Hettenkofer, lawyers)

(represented

Re:

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

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 9 January 2007 (Case R 816/2006-4)
the word sign
concerning an application for registration of
Substance for Success as a Community trade mark

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BYK-Chemie GmbH to pay the costs.

Action brought against the decision of the Second Board of
Appeal of OHIM of 26 February 2007 (Case R 231/2006-2)
concerning invalidity proceedings between CMS Hasche Sigle
and Lancôme parfums et beauté & Cie SNC

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Lancôme parfums et beauté & Cie SNC to bear its own costs
and to pay those incurred by the Office for Harmonisation in the
Internal Market (Trade Marks and Designs).

(1) OJ C 95, 28.4.2007.

(1) OJ C 140, 23.6.2007.