Case T-185/05: Judgment of the Court of First Instance of 20 November 2008 — Italian Republic v Commission (Rules on languages — Implementing rules for recruitment to the European Union Civil Service — Action for annulment under Article 230 EC — Action brought by a Member State against, first, a Commission decision to publish vacancy notices for senior management posts in English, French and German and, second, a Commission vacancy notice published in those three languages for the post of Director-General of OLAF — Admissibility — Time-limit for bringing an action — Measures against which an action may be brought — Statement of reasons — Articles 12 EC, 230 EC and 290 EC — Regulation No 1 — Articles 1d and 27 of the Staff Regulations — Principle of non-discrimination)
Date: 2008-11-20
Institutions: Court of First Instance
Subjects: European Commission, European official, Italy, action for annulment (EU), equal treatment, job vacancy, linguistic discrimination, regulations for civil servants, use of languages

C 6/20

EN

Official Journal of the European Union

10.1.2009

Judgment of the Court of First Instance (Eighth Chamber)
of 13 November 2008 — SPM v Council and Commission

Judgment of the Court of First Instance of 20 November
2008 — Italian Republic v Commission

(Case T-128/05) (1)

(Case T-185/05) (1)

(Non-contractual
liability of
the Community — Common
the markets — Bananas — Rules for
organisation of
importing of bananas from ACP countries into the European
Union — Lawful or unlawful conduct — Loss allegedly
suffered by independent ACP producer)

(2009/C 6/39)

Language of the case: French

(Rules on languages — Implementing rules for recruitment to
the European Union Civil Service — Action for annulment
under Article 230 EC — Action brought by a Member State
against,
first, a Commission decision to publish vacancy
notices for senior management posts in English, French and
German and, second, a Commission vacancy notice published
in those three languages for the post of Director-General of
OLAF — Admissibility — Time-limit for bringing an action
— Measures against which an action may be brought —
Statement of reasons — Articles 12 EC, 230 EC and 290 EC
— Regulation No 1 — Articles 1d and 27 of the Staff Regu-
lations — Principle of non-discrimination)

Parties

Applicant: Société des plantations de Mbanga SA (SPM) (Douala,
(represented initially by P. Soler Couteaux and
Cameroon)
S. Cahn, then by S. Cahn, B. Doré and A. Farache, lawyers)

Parties

(2009/C 6/40)

Language of the case: Italian

Defendants: Council of
the European Union (represented by:
A. De Gregorio Merino, M. Balta and A. Westerhoff Löfflerova,
Agents) and Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart and L. Visaggio, Agents)

Re:

Action for damages pursuant to Article 235 EC and the second
paragraph of Article 288 EC, based, principally, on the unlawful
conduct of the Council and the Commission in the establish-
ment of the rules relating to the import of bananas into the
Community and, alternatively, on the liability of the Community
in the absence of unlawful conduct by those two institutions.

Operative part of the judgment

The Court:

1. dismisses the action;

Applicant:
M. Fiorilli, avvocati dello Stato)

Italian Republic (represented by:

I. Braguglia and

Defendant: Commission of the European Communities (repre-
sented by: L. Cimaglia and P. Aalto, Agents)

Interveners in support of the applicant: Kingdom of Spain (repre-
sented by: F. Díez Moreno, abogado del Estado); and Republic of
Latvia (represented initially by: E. Balode-Buraka, and subse-
quently by: L. Ostrovska, Agents)

Re:

APPLICATION for annulment, first, of the decision adopted by
the Commission at its 1678th meeting on 10 November 2004,
whereby external publications of the vacancy notices for senior
management posts in the Official Journal of the European Union
would be in English, French and German for a period that
would in principle end on 1 January 2007 and, second, of
vacancy notice COM/2005/335 for the post of Director-General
(grade A*15/A*16) of the European Anti-Fraud Office (OLAF),
published by the Commission on 9 February 2005 (OJ 2005
C 34 A, p. 3).

2. orders Société des plantations de Mbanga SA (SPM) to pay the

costs.

Operative part of the judgment

The Court:

(1) OJ C 171, 9.7.2005.

1. Annuls the decision adopted by the Commission at its 1678th
meeting on 10 November 2004, whereby external publications of
the vacancy notices for senior management posts in the Official
Journal of the European Union would henceforth be in English,
French and German for a period ending 1 January 2007;

10.1.2009

EN

Official Journal of the European Union

C 6/21

2. Annuls vacancy notice COM/2005/335 for the post of Director-
General (grade A*15/A*16) of the European Anti-Fraud Office
(OLAF), published by the Commission on 9 February 2005
(OJ 2005 C 34 A, p. 3);

3. Orders each party to bear its own costs.

Judgment of the Court of First Instance of 19 November
2008 — Greece v Commission

(Case T-404/05) (1)

(Cohesion Fund — Athens International Airport — Reduction
of financial assistance — Principle of proportionality)

(1) OJ C 155, 25.6.2005.

(2009/C 6/42)

Language of the case: Greek

Judgment of the Court of First Instance of 12 November
2008 — Nalocebar v OHIM — Limiñana y Botella
(Limoncello di Capri)

(Case T-210/05) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative Community trade mark Limoncello di
Capri — Earlier national word mark LIMONCHELO — Rela-
confusion —
tive ground for

refusal — Likelihood of

Article 8(1)(b) of Regulation (EC) No 40/94)

(2009/C 6/41)

Language of the case: Italian

Parties

Applicant: Nalocebar — Consultores e Serviços Lda (São Pedro,
(represented by: G. Pasquarella and R. Pasquarella,
Portugal)
lawyers)

Parties

Applicant: Hellenic Republic (represented by: M. Tassopoulou,
Agent, assisted by N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and A. Weimar, Agents)

Re:

for

annulment

Application
Commission Decision
C(2005) 3243 final of 1 September 2005 reducing the financial
the Cohesion Fund for Project
assistance granted under
No 95/09/65/040 (new Athens International Airport at Spata)
by Commission Decision C(96) 1356 final of 24 May 1996.

of

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Hellenic Republic to pay the costs.

Defendant: Office for Harmonisation in the Internal Market
initially M. Capo-
(Trade Marks and Designs) (represented by:
stagno and then O. Montalto, Agents)

(1) OJ C 22, 28.1.2006.

Other party to the proceedings before the Board of Appeal of OHIM:
Limiñana y Botella, SL (Monforte del Cid, Spain)

Re:

ACTION brought against the decision of the First Board of
Appeal of OHIM of 18 March 2005 (Case R 646/2004-1)
relating to opposition proceedings between Limiñana y Botella,
SL and Nalocebar — Consultores e Serviços Lda.

Operative part of the judgment

The Court:

1. Dismisses the action;

Order of the Court of First Instance of 19 November 2008
— Ralf Schräder v OHIM — (SUMCOL 01)

(Case T-187/06) (1)

(Community plant variety rights — Plant variety SUMCOL 01
— Rejection of the application for a Community plant variety
right — Lack of distinctive character of the candidate variety)

(2009/C 6/43)

Language of the case: German

2. Orders Nalocebar — Consultores e Serviços Lda to pay the costs.

Parties

(1) OJ C 182, 23.7.2005.

(repre-
Applicant: Ralf Schräder (Lüdinghausen — Germany)
sented by:
initially by T. Leidereiter, W.-A. Schmidt and
I. Memmler, and later by T. Leidereiter and W.-A. Schmidt,
lawyers)