Case T-222/07 P: Judgment of the Court of First Instance of 8 September 2008 — Kerstens v Commission (Appeal — Civil Service — Officials — Career development report — Time limit for lodging a complaint — Lateness — Appeal not founded)
Date: 2008-09-08
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, professional career, promotion, regulations for civil servants, staff assessment

25.10.2008

EN

Official Journal of the European Union

C 272/25

Judgment of the Court of First Instance of 4 September
2008 — Gualtieri v Commission

(Case T-413/06 P) (1)

(Appeal — Seconded National Expert — Order for referral —
lodged —
Decision against which an appeal may be

Inadmissibility)

(2008/C 272/46)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented: initially by S. Laitinen,
and subsequently by A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM
*Acri.Tec AG
Instance:
intervening before
Gesellschaft
(Hennigsdorf,
für ophthalmologische Produkte
Germany) (represented by: M. von Welser, lawyer)

the Court of First

Language of the case: Italian

Re:

Parties

Applicant: Claudia Gualtieri (Brussels, Belgium) (represented by:
P. Gualtieri and M. Gualtieri, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, acting as Agent, and G. Faedo, lawyer)

Re:

Appeal brought against the order of the Civil Service Tribunal
(First Chamber) of 9 October 2006 in Case F-53/06 Gualtieri v
Commission, not yet published in the ECR, and seeking the
annulment of that order

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 February 2007 (Case R 660/2006-2)
concerning opposition proceedings between Alcon Inc. and
*Acri.Tec AG Gesellschaft für ophthalmologische Produkte.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Alcon Inc. to pay the costs.

(1) OJ C 129, 9.6.2007.

2. Orders Ms Claudia Gualtieri to bear her own costs and to pay the

costs incurred by the Commission in the appeal proceedings.

Judgment of the Court of First Instance of 8 September
2008 — Kerstens v Commission

(1) OJ C 42, 24.2.2007.

(Case T-222/07 P) (1)

(Appeal — Civil Service — Officials — Career development
report — Time limit for lodging a complaint — Lateness —
Appeal not founded)

Judgment of the Court of First Instance of 10 September
2008 — Alcon v OHIM — *Acri.Tec (BioVisc)

(Case T-106/07) (1)

Parties

(2008/C 272/48)

Language of the case: French

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark BioVisc — Earlier
international word marks PROVISC and DUOVISC — Rela-
tive ground for refusal — No likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/47)

Language of the case: English

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C.
Mourato, lawyer)

Other party to the proceedings: Commission of
the European
Communities (represented by: D. Martin and K. Herrmann,
acting as Agents)

Re:

Parties

Applicant: Alcon Inc. (Hünenberg, Switzerland) (represented by:
M. Graf and R. Schulz, lawyers)

Appeal brought against the order of the European Union Civil
Service Tribunal (Second Chamber) on 25 April 2007 in Case
F-59/06 Kerstens v Commission, not yet published in the ECR,
and seeking annulment of that order

C 272/26

EN

Official Journal of the European Union

25.10.2008

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Petrus Kerstens to pay the costs.

(1) OJ C 199, 25.8.2007.

Order of the Court of First Instance of 27 August 2008 —
Adomex International v Commission

(Case T-315/05) (1)

(Action for annulment — Aid granted by the Netherlands
authorities in the floriculture sector — Decision not to raise
concerned — Manifest
objections — Not

individually
inadmissibility)

(2008/C 272/49)

Language of the case: Dutch

Order of the Court of First Instance of 3 September 2008
— Cofra v Commission

(Case T-477/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
contrary to the express opinion of their author — No need to
adjudicate)

(2008/C 272/50)

Language of the case: Italian

Parties

Applicant: Cofra srl (Bari, Italy) (represented by: A. Calabrese,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)

Re:

Annulment of the decision of the Commission of 17 October
2007 refusing the applicant access to certain documents sent by
the Italian authorities
to the Commission in proceedings
concerning an aid scheme

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. Each party shall bear its own costs.

Parties

Applicant: Adomex International BV (Aalsmeer, Netherlands)
(represented by: G. van der Wal and T. Boesman, lawyers)

(1) OJ C 64, 8.3.2008.

Defendant: Commission of the European Communities (repre-
sented by: H. van Vliet and A. Stobiecka-Kuik, acting as Agents)

Re:

Action for annulment of Commission Decision C(2005) 592
final of 16 March 2005 not to raise objections with regard to
aid N 372/2003 concerning the floriculture sector, notified by
the Netherlands authorities

Order of the Court of First Instance of 3 September 2008
— Nuova Agricast v Commission

(Case T-479/07) (1)

(Action for annulment — Access to documents — Withdrawal
of the decision refusing access — Disclosure of documents
against the explicit opinion of the author thereof — No need
to adjudicate)

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

(2008/C 272/51)

Language of the case: Italian

2. Adomex International BV is ordered to pay the costs.

Parties

(1) OJ C 281, 12.11.2005.

Applicant: Nuova Agricast
Calabrese, lawyer)

(Foggia,

Italy)

(represented by: A.

Defendant: Commission of the European Communities (repre-
sented by: P. Costa de Oliveira and G. Conte, acting as Agents)