Case T-411/06: Judgment of the Court of First Instance of 8 October 2008 — Sogelma v EAR (Public works contracts — Tender procedure of the European Agency for Reconstruction — Decision to cancel tender procedure and to publish a new procedure — Action for annulment — Jurisdiction of the Court of First Instance — Necessity of a prior administrative complaint — Time-limit for bringing proceedings — Instructions to act as agent — Obligation to state the reasons on which the decision is based — Application for damages)
Date: 2008-10-08
Institutions: Court of First Instance
Subjects: European Agency for Reconstruction, action for annulment (EU), award of contract, disarmament, explosive, inland waterway shipping, invitation to tender, works contract

C 301/32

EN

Official Journal of the European Union

22.11.2008

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: D. Botis, Agent)

Re:

ACTIONS brought against four decisions of the First Board of
the Office for Harmonisation in the Internal
Appeal of
(Trade Marks and Designs) of 26 September 2006
Market
(R 353/2006-1, R 354/2006-1, R 355/2006-1
and
R 356/2006-1) concerning applications for the registration of
four figurative trade marks consisting of graphic representations
of a pallet.

Operative part of the judgment

The Court:

of

(R

26

2006

September

1. Annuls the decisions of the First Board of Appeal of the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM)
353/2006-1,
R 354/2006-1, R 355/2006-1 and R 356/2006-1) in so far
as registration of the marks applied was refused in respect of goods
and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice
Agreement concerning the International Classification of Goods
and Services for
the Registration of Marks of
15 June 1957, as revised and amended but not in so far as that
refusal was in respect of ‘loading pallets of metal’, ‘loading carriers
for packaging and transportation
and loading pallets of metal
purposes’ and ‘metal transport pallets’, in Class 6;
‘goods pallets
not of metal’, ‘loading pallets and loading carriers not of metal for
packaging and transportation purposes’ and ‘transport pallets not
of metal’, in Class 20; and the ‘rental of loading pallets’ services,
in Class 39;

the Purpose of

Defendant: European Agency for Reconstruction (EAR) (repre-
sented
by
M. Dischendorfer and then by R. Lundgren, Agent and by
S. Bariatti and F. Scanzano, lawyers)

subsequently

by O.

initially

Kalha,

by:

in support of

Intervener
the
European Communities (represented by: P. van Nuffel and
L. Prete, Agents)

the defendant: Commission of

Re:

APPLICATION for annulment of decisions of the EAR relating
to cancellation of the tender procedure for the public works
contract reference EuropeAid/120694/D/W/YU and organisation
of a new tender procedure, and an application for compensation
for loss allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sogelma — Societá generale lavori manutenzioni appalti
Srl to bear its own costs and to pay those incurred by the European
Agency for Reconstruction;

3. Orders the Commission to bear its own costs.

2. Dismisses the actions as to the remainder;

(1) OJ C 42, 24.2.2007.

3. Orders each party to bear its own costs.

(1) OJ C 20, 27.1.2007.

Judgment of the Court of First Instance of 8 October 2008
— Sogelma v EAR

(Case T-411/06) (1)

(Public works contracts — Tender procedure of the European
Agency for Reconstruction — Decision to cancel tender proce-
dure and to publish a new procedure — Action for annulment
— Jurisdiction of the Court of First Instance — Necessity of a
prior administrative complaint — Time-limit for bringing
proceedings — Instructions to act as agent — Obligation to
state the reasons on which the decision is based — Applica-
tion for damages)

Judgment of the Court of First Instance of 13 October
2008 — Neophytou v Commission

(Case T-43/07 P) (1)

(Appeals — Staff cases — Open competition — Rejection of
the appellant's candidature — Composition of the selection
board for the oral tests — Principle of equal treatment —
in part
New pleas in law — Error of
unfounded and in part founded — Referral back to the Civil
Service Tribunal)

law — Appeal

(2008/C 301/52)

Language of the case: English

(2008/C 301/51)

Language of the case: Italian

Parties

Parties

Applicant: Sogelma — Societá generale lavori manutenzioni
appalti Srl
(represented by: E. Cappelli,
P. De Caterini, A. Bandini and A. Gironi, lawyers)

(Scandicci,

Italy)

Applicant: Neophytos Neophytou (Itzig, Luxembourg)
sented by: S. Pappas, lawyer)

(repre-

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall and H. Krämer, acting
as Agents)