Case T-43/07 P: Judgment of the Court of First Instance of 13 October 2008 — Neophytou v Commission (Appeals — Staff cases — Open competition — Rejection of the appellant's candidature — Composition of the selection board for the oral tests — Principle of equal treatment — New pleas in law — Error of law — Appeal in part unfounded and in part founded — Referral back to the Civil Service Tribunal)
Date: 2008-10-13
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appeal, competition (EU), equal treatment

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)

22.11.2008

EN

Official Journal of the European Union

C 301/33

Re:

1. Dismisses the action;

Appeal against
the judgment of
the European Union Civil
(Third Chamber) of 13 December 2006 in
Service Tribunal
Case F-22/05 Neophytou v Commission [2006] ECR-SC II-A-1-
617 seeking to have that judgment set aside.

2. Orders Agrar-Invest-Tatschl GmbH to bear the costs.

(1) OJ C 95, 28.4.2007.

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the European Union Civil Service
Tribunal of 13 December 2006 in Case F-22/05 Neophytou v
Commission to the extent that the Civil Service Tribunal held that
the submissions, with the exception of the last, put forward by
Mr Neophytos Neophytou at
instance and
summarised in paragraph 27 of that judgment, were inadmissible;

the hearing at

first

2. Dismisses the remainder of the appeal;

3. Refers the case back to the Civil Service Tribunal;

4. Orders that the costs be reserved.

(1) OJ C 82, 14.4.2007.

Judgment of the Court of First Instance of 8 October 2008
— Agrar-Invest-Tatschl v Commission

(Case T-51/07) (1)

(Post-clearance recovery of import duties — Sugar originating
from Croatia — Article 220(2)(b) of Regulation (EEC)
No 2913/92 — Notice to importers published in the Official
Journal — Good faith)

Judgment of the Court of First Instance of 10 October
v OHIM
2008 — Imperial Chemical

Industries

(LIGHT & SPACE)

(Case T-224/07) (1)

(Community trade mark — Application for registration of
Community word mark LIGHT & SPACE — Absolute ground
for refusal — Lack of distinctive character — Article 7(1)(b)
of Regulation (EC) No 40/94)

(2008/C 301/54)

Language of the case: English

Parties

Imperial Chemical

Applicant:
Industries plc (London, United
Kingdom) (represented by: initially by S. Malynicz, Barrister and
V. Chandler, Solicitor
and subsequently by S. Malynicz,
J. Bainbridge and K. Briggs, Solicitors)

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

(represented by: A.

and Designs)

(2008/C 301/53)

Language of the case: German

Re:

Parties

Applicant: Agrar-Invest-Tatschl GmbH (St. Andrä im Lavanttal,
Austria)
(represented by: U. Schrömbges and O. Wenzlaff,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and S. Schønberg, acting as
Agents, assisted by B. Wägenbaur, lawyer)

Re:

ACTION for annulment
C(2006) 5789 final of 4 December 2006.

in part of Commission Decision

Operative part of the judgment

The Court:

the decision of

the First Board of
Action brought against
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 30 March 2007 (Case
R 1631/2006-1) concerning registration of the sign LIGHT &
SPACE as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Imperial Chemical Industries plc to pay the costs.

(1) OJ C 199, 25.8.2007.