Source: EURLEX
Language: en
Format: md

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| 8.1.2005 | EN | Official Journal of the European Union | C 6/35 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 October 2004

in Case T-76/03 Herbert Meister against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005006EN.01003501-E0001)

(Officials - Reassignment of a head of service - Interest of the service - Equivalence of posts - Right to freedom of expression - Duty to have regard for the interests of officials - Statement of reasons - Right to be heard - Non-contractual liability)

(2005/C 6/68)

Language of the case: French

In Case T-76/03: Herbert Meister, official of the Office for Harmonisation in the Internal Market (Trade Marks and Designs), residing at Muchamiel (Spain), represented by G. Vandersanden, lawyer, against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: O. Waelbroeck) – application for, first, annulment of the OHIM's decision PERS-AFFECT-02-30 of 22 April 2002 appointing the applicant, in the interest of the service, with his post, as legal adviser to the Vice-President for Legal Affairs and, second, for damages – the Court, composed of J. Azizi, President, M. Jaeger and E. Cremona, Judges; D. Christiansen, Administrator, for the Registrar, has given a judgment on 28 October 2004 in which it:

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| 1. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the applicant EUR 5 000 by way of damages for breach of administrative duty; |

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| 2. | Dismisses the remainder of the action; |

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| 3. | Orders the OHIM to pay its own costs and one fifth of the costs incurred by the applicant; |

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| 4. | Orders the applicant to pay four fifths of his own costs. |

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