Joined Cases T-90/07 P and T-99/07 P: Judgment of the Court of First Instance of 18 December 2008 — Belgium and Commission v Genette (Appeal — Staff cases — Officials — Pensions — Transfer of national pension rights — Decision refusing the withdrawal of a transfer application and the introduction of a new transfer application — Jurisdiction of the Civil Service Tribunal — Alteration of the subject-matter of the proceedings — Inadmissibility of the action at first instance)
Date: 2008-12-18
Institutions: Court of First Instance
Subjects: Belgium, European Commission, European official, action for annulment (EU), appeal, regulations for civil servants, transfer of pension rights

21.2.2009

EN

Official Journal of the European Union

C 44/45

Judgment of the Court of First Instance of 18 December
2008 — Torres v OHIM — Sociedad Cooperativa del
Campo San Ginés (TORRE DE BENÍTEZ)

Judgment of the Court of First Instance of 18 December
2008 — Belgium and Commission v Genette

(Case T-16/07) (1)

(Community trade mark — Opposition procedure — Applica-
tion for Community word mark TORRE DE BENÍTEZ —
Earlier national, Community and international word and
figurative marks evoking a number of towers — Relative
ground for refusal — No likelihood of confusion)

(Joined Cases T-90/07 P and T-99/07 P) (1)

(Appeal — Staff cases — Officials — Pensions — Transfer
of national pension rights — Decision refusing the with-
drawal of a transfer application and the introduction of a new
transfer application — Jurisdiction of
the Civil Service
Tribunal — Alteration of the subject-matter of the proceed-
ings — Inadmissibility of the action at first instance)

(2009/C 44/77)

Language of the case: Spanish

(2009/C 44/78)

Language of the case: French

Parties

Applicant: Miguel Torres, SA (Vilafranca del Penedés, Spain)
(represented by: E. Armijo Chávarri, M. Baz de San Ceferino and
A. Castán Pérez-Gómez, lawyers)

Parties

Appellants: Kingdom of Belgium (represented by: L. Van den
Broeck and C. Pochet, Agents, assisted by L. Markey, lawyer) and
Commission of the European Communities (represented by V.
Joris and D. Martin, Agents)

Respondent: Emmanuel Genette (Gorze, France) (represented by:
M.-A. Lucas, lawyer)

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

Re:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Sociedad Cooperativa
(represented by: C.
del Campo San Ginés (Cuenca, Spain)
Hernández Hernández, lawyer)

Two appeals against the judgment of 16 January 2007 of the
European Union Civil Service Tribunal (First Chamber) in Case
F-92/05 Genette v Commission (not yet published in the ECR)
seeking to have that judgment set aide

Re:

Action brought against the decision of the Second Board of
Appeal of
the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 6 November 2006 (Case
R-36/2006-2)
relating to opposition proceedings between
Miguel Torres, SA and Sociedad Cooperativa del Campo San
Ginés.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miguel Torres, SA to pay the costs.

Operative part of the judgment

The Court:

1. Sets aside the judgment of 16 January 2007 of the European
Union Civil Service Tribunal in Case F-92/05 Genette v Commis-
sion;

2. Dismisses as inadmissible Mr. Genette's action before the Civil

Service Tribunal in Case F-92/05;

3. Orders Mr Genette to bear his own costs of the proceedings before

the Civil Service Tribunal and the Court of First Instance;

4. Orders the Commission to bear its own costs of the proceedings
before the Civil Service Tribunal and the Court of First Instance;

5. Orders the Kingdom of Belgium to bear its own costs of

the
proceedings before the Civil Service Tribunal and the Court of First
Instance.

(1) OJ C 82, 14.4.2007.

(1) OJ C 117, 29.5.2007.