Case T-293/07 P: Judgment of the Court of First Instance of 18 December 2008 — Lofaro v Commission (Appeal — Staff cases — Temporary staff — Time-limit for complaint — Date of bringing of complaint — Receipt by the Administration — Principle of legal certainty)
Date: 2008-12-18
Institutions: Court of First Instance
Subjects: appeal, appeal to an administrative authority, civil servant, civil service, principle of legal certainty, temporary employment

C 44/46

EN

Official Journal of the European Union

21.2.2009

Judgment of the Court of First Instance of 18 December
2008 — Lofaro v Commission

Defendant: Commission of the European Communities (repre-
sented by: X. Lewis and J. Hottiaux, Agents)

(Case T-293/07 P) (1)

Re:

(Appeal — Staff cases — Temporary staff — Time-limit for
complaint — Date of bringing of complaint — Receipt by the
Administration — Principle of legal certainty)

(2009/C 44/79)

Language of the case: French

Parties

Appellant: Alessandro Lofaro (Brussels, Belgium) (represented by:
J.-L. Laffineur, lawyer)

Application for the annulment of Commission Regulation (EC)
No 888/2006 of 16 June 2006 concerning the classification of
certain goods in the Combined Nomenclature (OJ 2006 L 165,
p. 6).

Operative part of the order

1. The action is dismissed as inadmissible.

2. RSA Security Ireland Ltd shall pay the costs.

Respondent: Commission of the European Communities (repre-
sented by: J. Currall and K. Hermann, Agents)

(1) OJ C 249, 14.10.2006.

Re:

Appeal against the order of 24 May 2007 of the European
Union Civil Service Tribunal (Third Chamber) in Joined Cases
F-27/06 and F-75/06 Lofaro v Commission (not yet published in
the ECR) seeking the setting aside of that order

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Alessandro Lofaro to bear his own costs and pay the

Commission's costs before the Court of First Intance.

(1) OJ C 223, 22.9.2007.

Order of the Court of First Instance of 3 December 2008
— RSA Security Ireland v Commission

(Case T-227/06) (1)

(Action for annulment — Common Customs Tariff — Classi-
fication in the Combined Nomenclature — Person not indivi-
dually concerned — Inadmissibility)

(2009/C 44/80)

Language of the case: English

Order of the Court of First Instance of 2 December 2008
— Longevity Health Products v OHIM — Hennig
Arzneimittel (Cellutrim)

(Case T-169/07) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark Cellutrim — Earlier national word mark
Cellidrin — Likelihood of confusion — Article 8(1)(b) of
Regulation (EC) No 40/94 — Action in part manifestly inad-
missible and in part manifestly lacking any foundation in
law)

(2009/C 44/81)

Language of the case: German

Parties

Applicant: Longevity Health Products,
(represented by: J. Korab, lawyer)

Inc.

(Nassau, Bahamas)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Hennig Arzneimittel
GmbH & Co. KG (Flörsheim, Germany)
(represented by: S.
Ziegler, C. Kleiner and F. Dehn, lawyers)

Re:

Parties

Applicant: RSA Security Ireland Ltd (Shannon, Ireland) (repre-
sented by: B. Conway, Barrister, and S. Daly, Solicitor)

Action brought against the decision of the First Board of Appeal
of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning
invalidity proceedings between, initially, Celltech Pharma GmbH
& Co. KG and, subsequently, Hennig Arzneimittel GmbH &
Co. KG and Longevity Health Products, Inc.