Source: EURLEX
Language: en
Format: md

C 259/10 EN Official Journal of the European Communities 15.9.2001

**JUDGMENT OF THE COURT OF FIRST INSTANCE** **JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 20 June 2001** **of 27 June 2001**

**in Case T-146/00 Stefan Ruf and Martin Stier v Office for** **in Case T-214/00: X v Commission of the European**
**Harmonisation in the Internal Market (Trade Marks and** **Communities** ( [1] )
**Designs) (OHIM)** ( [1] )

_**(Officials — Official ordered to pay costs of earlier proceed-**_
_**(Community trade mark — Payment of the application fee**_ _**ings — Part of salary withheld by the creditor institution by**_
_**after expiry of the time-limit of one month from filing of the**_ _**way of compensation)**_
_**application for registration — Lapse of the right to be**_
_**accorded as a filing date the date when the application was**_
_**lodged — Conditions for restitutio in integrum)**_
(2001/C 259/16)

(2001/C 259/15)

_(Language of the case: French)_

_(Language of the case: German)_
In Case T-214/00: X, an official of the Commission of the
European Communities, residing in Dalheim (Luxembourg),
represented by J. Choucroun, lawyer, with an address for
In Case T-146/00 Stefan Ruf, of Ettlingen (Germany), Martin service in Luxembourg, against Commission of the European
Stier, of Pfinztal (Germany), represented by V. Spitz, A.N. Klin- Communities (Agents: C. Berardis-Kayser and D. Martin) —
ger and A. Gaul, lawyers, with an address for service in application for annulment of the decision of the Commission
Luxembourg, against Office for Harmonisation in the Internal to withhold part of the applicant’s monthly salary amounting
Market (Trade Marks and Designs) (OHIM) (Agents: A. von to LUF 120 000 — the Court of First Instance (Second
Mühlendahl, D. Schennen and E. Joly) — action against the Chamber), composed of A.W.H. Meij, President, A. Potocki
decision of the First Board of Appeal of the Office for and J. Pirrung, Judges; H. Jung, Registrar, gave a judgment on
Harmonisation in the Internal Market (Trade Marks and 27 June 2001, in which it:
Designs) of 28 March 2000 (Case R 198/1998-1) dismissing
the applicants’ request for their rights to be re-established by
according their application for registration a filing date of the 1. _Annulled the Commission’s decision to withhold part of the_
date when the application was lodged with the Office — the _applicant’s monthly salary amounting to LUF 120 000._
Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
J. Palacio Gonza´lez, Administrator, for the Registrar, has given 2. _Ordered the Commission to repay to the applicant the sum_
a judgment on 20 June 2001, in which it:
_corresponding to two deductions from salary of LUF 60 000,_
_together with interest at the rate of 6.5 % per annum, with_
_effect from the date on which those amounts were withheld and_
1. _Dismisses the action;_ _until actual repayment._

2. _Orders the applicants to pay the costs._ 3. _Ordered the Commission to pay the costs._

( [1] ) OJ C 233 of 12.8.00. ( [1] ) OJ C 316 of 4.11.00.