Case T-23/05: Order of the Court of First Instance of 8 October 2008 — Gippini Fournier v Commission (Action for annulment — Action for damages — Staff case — Promotion — Award of priority points — Act not capable of being appealed — Preparatory acts — Inadmissibility)
Date: 2008-10-08
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, regulations for civil servants, staff assessment

6.12.2008

EN

Official Journal of the European Union

C 313/33

Judgment of the Court of First Instance of 15 October
2008 — TridonicAtco v OHIM (Intelligent Voltage Guard)

(Case T-297/07) (1)

(Community trade mark — Application for the Community
figurative mark Intelligent Voltage Guard — Absolute
refusal — Lack of distinctive character —
grounds for

Article 7(1)(b) of Regulation (EC) No 40/94)

(2008/C 313/58)

Language of the case: German

Parties

Applicant: TridonicAtco GmbH & Co. KG (Dornbirn, Austria)
(represented initially by: L. Wiltschek,
later by L.
Wiltschek and E. Tremmel, lawyers)

lawyer,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Poch, agent)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 31 May 2007 (Case R 108/2007-2)
concerning an application to register the figurative mark Intelli-
gent Voltage Guard as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders TridonicAtco & Co. KG to pay the costs.

(1) OJ C 235 of 6.10.2007.

Defendant: Commission of the European Communities (repre-
sented by: E. de March, L. Flynn and G. Wilms, Agents, and A.
Dal Ferro, lawyer)

Re:

Case T-392/03: application to annul the Commission's letter of
6 October 2003, as far as it concerns the procedure for recovery
of sums paid by the European Regional Development Fund
(ERDF) in respect of the infrastructure project ‘Dam across the
Gibbesi’ and the earlier and derivative acts; Case T-408/03:
application for annulment of of the letter of 6 October 2003 as
far as it concerns the procedure for the recovery of sums paid
by the ERDF for the infrastructure projects ‘Aragona Favara’ and
‘Plain of Catania’ and the earlier and derivative acts, including
the Commission's letter of 13 August 2003 and 14 August
2003; Case T-414/03: application for annulment of the letter of
6 October 2003 in so far as it concerns the procedure for the
recovery of sums paid by the ERDF of the infrastructure project
‘Messine-Palermo Motorway’ and the earlier and derivative acts,
including Commission debit note No 3240406591 of
25 September 2002, and in Case T-435/03: application to
annul the Commission's letter of 24 October 2003 relating to
the offsetting of Commission credits and debt connected to the
ERDF assistance ‘Porto Empedocle’,
‘Dam across the Gibbesi’,
‘Aragona Favara’ and ‘Plain of Catania’
‘Messine-Palermo’,
together with the earlier and derivative acts.

Operative part of the order

1. The actions are dismissed as inadmissible.

2. The Regione Siciliana is ordered to pay the costs.

(1) OJ C 35 of 7.2.2004.

Order of the Court of First Instance of 25 September 2008
— Regione Siciliana v Commission

(Joined

Cases

T-392/03,

T-408/03,

T-414/03

and

T-435/03) (1)

(Action for annulment — ERDF — Withdrawal of financial
aid — Recovery of sums already paid — Claims for payment
of default interest — Compensation — Regional or local
entity — No direct concern — Admissibility)

(2008/C 313/59)

Language of the case: Italian

Order of the Court of First Instance of 8 October 2008 —
Gippini Fournier v Commission

(Case T-23/05) (1)

(Action for annulment — Action for damages — Staff case
— Promotion — Award of priority points — Act not capable
of being appealed — Preparatory acts — Inadmissibility)

(2008/C 313/60)

Language of the case: French

Parties

Applicant: Regione Siciliana (Italy) (represented by: G. Aiello and
A. Cingolo, avvocati dello Stato)

Applicant: Éric Gippini Fournier (Brussels, Belgium) (represented
by: A. Theissen and, subsequently, by F. Ruggeri Laderchi,
lawyers)

Parties

C 313/34

EN

Official Journal of the European Union

6.12.2008

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and V. Joris, Agents, and D. Waelbroek,
lawyer)

concerning opposition proceedings between the Fédération fran-
çaise de tennis (FFT) and Mr Dimitrios Kaloudis.

Re:

First, annulment of the Commission decisions not to award the
applicant any priority points under the 2003 promotion proce-
dure; to reject his appeal to the Promotions Committee seeking
the award of priority points of any description; and to refuse to
award priority points for work in the interest of the institution
and, second, a claim for damages.

Operative part of the order

The Court:

1. Dismisses the action is as being in part manifestly lacking any

foundation in law and in part manifestly inadmissible.

2. Orders Mr Dimitrios Kaloudis to pay the costs.

Operative part of the order

(1) OJ C 283, 24.11.2007.

1. The action is dismissed as inadmissible.

2. Each party is ordered to bear its own costs.

(1) OJ C 82, 2.4.2005.

Action brought on 10 September 2008 — Murnauer
Markenvertrieb v OHIM — Fitne Gesundheit und Wellness
(Notfall Bonbons)

(Case T-372/08)

(2008/C 313/62)

Order of the Court of First Instance of 6 October 2008 —
Kaloudis v OHIM — Fédération française de tennis
(RolandGarros SPORTSWEAR)

Language in which the application was lodged: German

(Case T-380/07) (1)

Parties

for Community

(Community trade mark — Opposition proceedings — Appli-
cation
figurative mark RolandGarros
SPORTSWEAR — Previous national word mark Roland
Garros — Late payment of the appeal fees — Decision of the
Board of Appeal deeming the action to be unfounded)

(2008/C 313/61)

Language of the case: French

Parties

Applicant: Dimitrios Kaloudis (Dassia, Greece) (represented by:
G. Kaloudis, lawyer)

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

(represented by: A.

and Designs)

Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany)
(represented by: H. Daniel and O.I. Haleen, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Fitne Gesundheits- und Wellness GmbH (Salzhemmendorf,
Germany)

Form of order sought

— Annul the decision of the Board of Appeal of OHIM of

10 July 2008 in Case R 909/2007-1;

— order the defendant to pay the costs.

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Fédération française de
(represented by: F. Fajgenbaum,
tennis (FFT)
lawyer)

(Paris, France)

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: Word mark ‘Notfall Bonbons’ for goods
in classes 5 and 30 (Community trade mark No 3 563 251)

Re:

Proprietor of the Community trade mark: The applicant

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 19 July 2007 (Case R 876/2006-4)

Applicant for the declaration of invalidity: Fitne Gesundheits- und
Wellness GmbH