Case C-443/07 P: Judgment of the Court (Second Chamber) of 22 December 2008 — Isabel Clara Centeno Mediavilla, Delphine Fumey, Eva Gerhards, Iona M. S. Hamilton, Raymond Hill, Jean Huby, Patrick Klein, Domenico Lombardi, Thomas Millar, Miltiadis Moraitis, Ansa Norman Palmer, Nicola Robinson, François-Xavier Rouxel, Marta Silva Mendes, Peter van den Hul, Fritz Von Nordheim Nielsen, Michaël Zouridakis v Commission of the European Communities, Council of the European Union (Appeal — Staff Regulations of officials — Plea of illegality of Article 12(3) of Annex XIII on the classification of officials recruited after 1 May 2004 — Consulting of the Staff Regulations Committee — No infringement of acquired rights or of the principle of equal treatment)
Date: 2008-12-22
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), appointment of staff, personnel administration, professional career, recruitment, regulations for civil servants

C 44/18

EN

Official Journal of the European Union

21.2.2009

paper, on advertising material and in the form of badges by a
non-profit-making association in the context of its activity of
seeking to preserve military traditions and collecting and distri-
buting donations — Classification of that use as ‘genuine use’
capable of preserving the rights attached to the mark?

Operative part of the judgment

Article 12(1) of First Council Directive 89/104/EEC of 21 December
1988 to approximate the laws of the Member States relating to trade
marks is to be construed as meaning that a trade mark is put to
genuine use where a non-profit-making association uses the trade
mark,
forth-
coming events, on business papers and on advertising material and
where the association's members wear badges featuring that trade mark
when collecting and distributing donations.

in its relations with the public,

in announcements of

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Second Chamber) of 22 December
2008 — Isabel Clara Centeno Mediavilla, Delphine Fumey,
Eva Gerhards, Iona M. S. Hamilton, Raymond Hill, Jean
Huby, Patrick Klein, Domenico Lombardi, Thomas Millar,
Miltiadis Moraitis, Ansa Norman Palmer, Nicola Robinson,
François-Xavier Rouxel, Marta Silva Mendes, Peter van den
Hul, Fritz Von Nordheim Nielsen, Michaël Zouridakis v
Commission of the European Communities, Council of the
European Union

(Case C-443/07 P) (1)

(Appeal — Staff Regulations of officials — Plea of illegality
of Article 12(3) of Annex XIII on the classification of officials
recruited after 1 May 2004 — Consulting of the Staff Regu-
lations Committee — No infringement of acquired rights or of
the principle of equal treatment)

(2009/C 44/29)

Language of the case: French

Parties

Appellants: Isabel Clara Centeno Mediavilla, Delphine Fumey, Eva
Gerhards,
Jean Huby,
Iona M. S. Hamilton, Raymond Hill,
Patrick Klein, Domenico Lombardi, Thomas Millar, Miltiadis
Moraitis, Ansa Norman Palmer, Nicola Robinson, François-
Xavier Rouxel, Marta Silva Mendes, Peter van den Hul, Fritz Von
Nordheim Nielsen, Michaël Zouridakis
(represented by: G.
Vandersanden and L. Levi, avocats)

Other parties to the proceedings: Commission of the European
Communities, (represented by: J. Currall and H. Krämer, acting
as Agents), Council of the European Union (represented by:
M. Arpio Santacruz and M. Bauer, acting as Agents)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Fourth Chamber, Extended Composition) of 11 July
2007 in Case T-58/05 Centeno Mediavilla and Others v Commis-
sion, by which the Court of First Instance dismissed the actions
of the appellants seeking annulment of the decisions appointing
them probationary officials, in so far as they fix their grade clas-
sification in accordance with the transitional provisions in
Article 12(3) of Annex XIII to the Staff Regulations of officials
of
the European Communities, as amended by Regulation
(EC, Euratom) No 723/2004 of 22 March 2004 (OJ 2004 L 124,
p. 1) — Implications of the entry into force of the new Staff
Regulations for the situation of persons on a list of suitable
candidates or a reserve list before the date of entry into force of
those regulations, namely 1 May 2004, but recruited after that
date — Principles of
legitimate
expectations and equal treatment — Scope of the duty to give
reasons

legal certainty, protection of

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Centeno Mediavilla, Ms Fumey, Ms Gerhards,
Ms Hamilton, Mr Hill, Mr Huby, Mr Klein, Mr Lombardi,
Mr Millar, Mr Moraitis, Ms Palmer, Ms Robinson, Mr Rouxel,
Ms Silva Mendes, Mr van den Hul, Mr Von Nordheim Nielsen
and Mr Zouridakis to pay the costs of the appeal;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 22, 26.1.2008.

Judgment of the Court (Second Chamber) of 11 December
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-480/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2000/59/EC — Port reception facilities for ship-generated
waste and cargo residues — Failure to have developed, imple-
mented or approved waste reception and handling plans for all
ports)

(2009/C 44/30)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz,
acting as Agent)