Joined Cases T-359/07 P to T-361/07 P: Judgment of the Court of First Instance of 20 February 2009 — Commission v Bertolete and Others (Appeal — Public service — Contract staff of OIB — Former salaried employees under Belgian law — Change of applicable regime — Commission decisions fixing remuneration — Equal treatment)
Date: 2009-02-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, family benefit, pay, personnel administration, servant (EU)

4.4.2009

EN

Official Journal of the European Union

C 82/23

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 12 February
2009 — Sara Lee/DE NV v OHIM — Cooperativa italiana
di ristorazione (PIAZZA del SOLE)

Judgment of the Court of First Instance of 20 February
2009 — Commission v Bertolete and Others

(Case T-265/06) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community figurative mark PIAZZA del SOLE —
Earlier national and international word marks PIAZZA and
PIAZZA D'ORO — Relative ground for refusal — Lack of
likelihood of confusion — Article 8(1)(b) of Regulation (EC)
No 40/94 — Lack of similarity of the signs)

(Joined Cases T-359/07 P to T-361/07 P) (1)

(Appeal — Public service — Contract staff of OIB — Former
salaried employees under Belgian law — Change of applicable
regime — Commission decisions fixing remuneration — Equal
treatment)

(2009/C 82/41)

Language of the cases: French

(2009/C 82/40)

Language of the case: French

Parties

Parties

Applicant: Sara Lee/DE NV (Utrecht, Netherlands) (represented
by: C. Hollier-Larousse, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Cooperativa italiana di
ristorazione Soc. coop. rl (Reggio d'Emilia, Italy) (represented by:
D. Caneva, lawyer)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 5 July 2006 (Case R 235/2005-2)
concerning opposition proceedings between Sara Lee/DE NV
and Cooperativa italiana di ristorazione Soc. Coop. rl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sara Lee/DE NV to pay the costs.

(1) OJ C 294, 2.12.2006.

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and L. Lozano Palacios, acting as Agents)

Other parties to the proceedings: Marli Bertolete (Woluwé-Saint-
Lambert, Belgium) and the eight other members of the contract
staff of the Commission of the European Communities whose
names are included in the annex to the judgment; Sabrina
(Wauthier-Braine, Belgium) and the 19 other
Abarca Montiel
members of the contract staff of the Commission of the Euro-
pean Communities whose names are included in the annex to
the judgment; Béatrice Ider (Halle, Belgium); Marie-Claire Deso-
rbay (Meise, Belgium); and Lino Noschese (Braine-le-Château,
Belgium) (represented by: L. Vogel, lawyer)

Re:

Three appeals brought against the judgments of the Civil Service
Tribunal of the European Union (Second Chamber) of 5 July
2007 in Case F-26/06 Bertolete and Others v Commission (not yet
published in the ECR); Case F-24/06 Abarca Montiel and Others v
Commission (not yet published in the ECR); and Case F-25/06
Ider and Others v Commission (not yet published in the ECR),
seeking to have those judgments set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgments of

the Civil Service Tribunal

(Second
Chamber) of 5 July 2007 in Case F-26/06 Bertolete and Others v
Commission (not yet published in the ECR), Case F-24/06 Abarca
Montiel and Others v Commission (not yet published in the ECR)
and Case F-25/06 Ider and Others v Commission (not yet
published in the ECR);

the Commission of

2. Dismisses the actions brought by the applicants at first instance,
namely Marli Bertolete and the eight other members of the contract
staff of
the European Communities whose
names are included in the annex, Sabrina Abarca Montiel and the
19 other members of the contract staff of the Commission of the
European Communities whose names are included in the annex,
Béatrice Ider, Marie-Claire Desorbay and Lino Noschese;

C 82/24

EN

Official Journal of the European Union

4.4.2009

3. Orders the applicants at first instance and the Commission to bear

their own costs.

Order of the Court of First Instance of 10 February 2009
— Okalux v OHIM — Ondex (ONDACELL)

(1) OJ C 283, 24.11.2007.

(Case T-126/08) (1)

(Community trade mark — Opposition proceedings — Failure
to pay the opposition fee — Decision deeming the opposition
non-existent — Action manifestly devoid of any legal basis)

Order of the Court of First Instance of 13 February 2009
— Vitro Corporativo v OHIM — Vallon (√)

(Case T-229/07) (1)

(Community trade mark — Opposition — Withdrawal of the
opposition — No need to adjudicate)

Parties

(2009/C 82/43)

Language of the case: German

(2009/C 82/42)

Language of the case: Spanish

Parties

Applicant: Vitro Corporativo, SA de C.V. (Nuevo Leon, Mexico)
(represented by: J. Botella Reyna, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: P. López Fernández
de Corres, acting as Agent)

Applicant: Okalux GmbH (Marktheidenfeld, Germany)
sented by: M. Beckensträter, lawyer)

(repre-

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
Instance: Ondex SAS
intervening before
(Chevigny-Saint-Sauveur, France)

the Court

of First

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Vallon GmbH (Horb,
Germany)

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 7 November 2006 (Case R 1363/2005-1)
concerning opposition proceedings between Vitro Corporativo,
SA de C.V. and Vallon GmbH.

Operative part of the order

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

2. The applicant is ordered to pay the costs.

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 22 January 2008 (Case R 1384/2007-4)
regarding opposition proceedings between Okalux GmbH and
Ondex SAS.

Operative part of the order

1. The action is dismissed.

2. Okalux GmbH is ordered to pay the costs.

(1) OJ C 199, 25.8.2007.

(1) OJ C 116, 9.5.2008.