Case T-223/07 P: Order of the Court of First Instance of 18 December 2008 — Thierry v Commission (Appeal — Civil service — Officials — Promotion — 2004 promotion procedure — Dismissal of an application for a witness to be examined — Appeal manifestly inadmissible)
Date: 2008-12-18
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), action for annulment (EU), civil servant, civil service, evidence

C 55/26

EN

Official Journal of the European Union

7.3.2009

Order of the Court of First Instance of 16 December 2008
Software
— Gaedertz

v OHIM — Living Byte

Order of the Court of First Instance of 18 December 2008
— Thierry v Commission

(GlobalRemote)

(Case T-209/07) (1)

(Community trade mark — Application for a declaration of
invalidity — Withdrawal of the application for a declaration
of invalidity — No need to adjudicate)

(Case T-223/07 P) (1)

(Appeal — Civil service — Officials — Promotion —
2004 promotion procedure — Dismissal of an application for
a witness to be examined — Appeal manifestly inadmissible)

(2009/C 55/48)

Language of the case: French

(2009/C 55/47)

Language of the case: German

Parties

Parties

Appellant: Michel Thierry (Luxembourg, Luxembourg)
sented by: F. Frabetti, lawyer)

(repre-

Other party to the proceedings: Commission of
the European
Communities (represented by: C. Berardis-Kayser and D. Martin,
acting as Agents)

Applicant:
Germany) (represented by: E.M. Gerstenberg, lawyer)

Johann-Christoph Gaedertz (Frankfurt am Main,

Re:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: B. Schmidt, acting as
Agent)

Appeal brought against the order of the European Union Civil
Service Tribunal (Second Chamber) of 16 April 2007 in Case
F-82/05 Thierry v Commission, not yet published in the ECR, and
requesting that that order be set aside.

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Living Byte Software
GmbH (Munich, Germany)
(represented by: A. Freifrau von
Welser, lawyer)

Operative part of the order

1. The appeal is dismissed.

2. Mr Michel Thierry is ordered to pay his own costs as well as those
incurred by the Commission in the context of the present appeal.

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 25 April 2007 (Case R 272/2005-4)
relating to invalidity proceedings between Mr Johann-Christoph
Gaedertz and Living Byte Software GmbH

(1) OJ C 199, 25.8.2007.

Operative part of the order

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

2. The applicant and the intervener are ordered to bear their own

costs.

3. The applicant is ordered to pay the defendant's costs.

Order of the Court of First Instance of 16 December 2008
— Italy v Parliament and Commission

(Case T-285/07) (1)

(Procedural step — Objection of inadmissibility — Partial
inadmissibility of the action — Non-attributability of the
contested measure to the Parliament)

(2009/C 55/49)

Language of the case: Italian

(1) OJ C 183, 4.8.2007.

Parties

Applicant: Italian Republic (represented by: I. Bruni, acting as
Agent, assisted by P. Gentili, lawyer)