Source: EURLEX
Language: en
Format: md

C 134/20 EN Official Journal of the European Communities 5.5.2001

**JUDGMENT OF THE COURT OF FIRST INSTANCE** v European Parliament (Agents: H. von Hertzen and J. Sant’Anna) — application for annulment, first, of the decision of the
**of 14 December 2000** European Parliament rejecting the application by the applicant
for the post of Deputy Head of the French Translation Division,
**in Case T-213/99: Luc Verheyden v Commission of the** as referred to in Vacancy Notice No 8503, and, second, of the
**European Communities** ( [1] ) decision appointing Ms W. to that post — the Court of First
Instance (First Chamber), composed of: B. Vesterdorf, President,
and M. Vilaras and N.J. Forwood, Judges; B. Pastor, Principal
_**(Officials — Action for annulment — Measures and instruc-**_
Administrator, for the Registrar, has given a judgment on
_**tions falling within the ambit of discipline in the workplace**_
15 November 2000, in which it:
_**— Measure adversely affecting an official — Action for**_
_**damages — Inadmissibility)**_
1. _Annuls the decision of the European Parliament rejecting the_
_application by the applicant and appointing Ms W. to the post_
(2001/C 134/42)
_of Deputy Head of the French Translation Division, as referred_
_to in Vacancy Notice No 8503;_
_(Language of the case: French)_
2. _Orders the European Parliament to pay the costs._
In Case T-213/99: Luc Verheyden, an official of the Commission of the European Communities, residing at Angera
(Italy), represented by E. Boigelot, of the Brussels Bar, with an ( [1] ) OJ C 6 of 8.1.2000.
address for service in Luxembourg at the Chambers of
L. Schiltz, 2 Rue du Fort Rheinsheim, v Commission of the
European Communities (Agents: C. Berardis-Kayser and A. Dal
Ferro) — application, first, for annulment of the note dated
10 November 1998 from the head of the Logistics unit in
the Infrastructure Directorate for the Ispra site and of the
administration’s refusal dated 16 November 1998 to withdraw
that note, and, second, for compensation for the non-material
damage allegedly suffered — the Court of First Instance (Fifth **JUDGMENT OF THE COURT OF FIRST INSTANCE**
Chamber), composed of: P. Lindh, President, and R. Garcı´aValdecasas and J.D. Cooke, Judges; B. Pastor, Principal Adminis**of 31 January 2001**
trator, for the Registrar, has given a judgment on 14 December
2000, in which it:
**in Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH**
1. _Dismisses the action as inadmissible;_
**v Office for Harmonisation in the Internal Market (Trade**
**marks and Designs) (OHIM)** ( [1] )
2. _Orders the parties to bear their own costs._

_**(Community trade mark — Word mark Giroform — Absol-**_
( [1] ) OJ C 333 of 20.11.1999.
_**ute grounds for refusal — Article 7(1)(b) and (c) of**_
_**Regulation (EC) No 40/94 — Descriptive character)**_

(2001/C 134/44)

**JUDGMENT OF THE COURT OF FIRST INSTANCE**
_(Language of the case: German)_

**of 15 November 2000**

In Case T-331/99: Mitsubishi HiTec Paper Bielefeld GmbH,
**in Case T-261/99: Jean Dehon v European Parliament** ( [1] ) formerly Stora Carbonless Paper GmbH, established in Bielefeld
(Germany), represented by U. Ulrich, Rechtsanwalt, Düsseldorf,
_**(Officials — Promotion — Notice of vacancy — Examin-**_ with an address for service in Luxembourg at the Office de
_**ation of comparative merits — Equal opportunities)**_ Brevets Ernest T. Freylinger, 234 Route d’Arlon, against Office
for Harmonisation in the Internal Market (Trade marks and
(2001/C 134/43) Designs) (OHIM) (Agents: E. Joly, P. von Kapff, and A. von
Mühlendahl) — application for annulment of the decision of
the Third Board of Appeal of the Office for Harmonisation in
_(Language of the case: French)_ the Internal Market (Trade marks and Designs) of 8 September
1999 in Case R 175/1999-3 refusing registration of the word
In Case T-261/99: Jean Dehon, an official of the European ‘Giroform’ as a Community trade mark — the Court of First
Parliament, residing at Hagen (Luxembourg), represented by Instance (Fourth Chamber), composed of: V. Tiili, President,
J.-N. Louis, G.-F. Parmentier and V. Peere, of the Brussels Bar, R.M. Moura Ramos and P. Mengozzi, Judges; G. Herzig,
with an address for service in Luxembourg at the offices of Administrator, for the Registrar, has given a judgment on
Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, 31 January 2001, in which it:

5.5.2001 EN Official Journal of the European Communities C 134/21

1. _Dismissed the application;_ **ORDER OF THE COURT OF FIRST INSTANCE**

2. _Ordered the applicant to pay the costs._ **of 17 January 2001**

**in Case T-124/99: Autosalone Ispra dei Fretelli Rossi Snc**
( [1] ) OJ C 79 of 18.3.00. **v European Atomic Energy Authority, represented by the**
**Commission of the European Communities** ( [1] )

_**(Action for compensation — Non-contractual liability —**_
_**Flood — Obstruction of a drain — Time-limit — No effect**_
_**on running of time)**_

(2001/C 134/46)

**JUDGMENT OF THE COURT OF FIRST INSTANCE**
_(Language of the case: Italian)_
**of 18 January 2001**
In Case T-124/99: Autosalone Ispra dei Fratelli Rossi Snc,
established in Ispra (Italy), represented by F. Venuti, of the
**in Case T-65/00: Angeliki Ioannou v Council of the** Busto Arsizio Bar, with an address for service in Luxembourg
**European Union** ( [1] ) at the Chambers of A. Kronshagen, 22 Rue Marie-Adelaïde,
against European Atomic Energy Community, represented
by the Commission of the European Communities (Agents:
_**(Officials — Refusal of recruitment — Physical unfitness**_
H. Speyart and P. Stancanelli) — application for a declaration
_**— Opinion of the medical board — Judicial review —**_
that the European Atomic Energy Community is liable for the
_**Comprehensible link between the medical findings and the**_
harm sustained by the applicant following a flood in Ispra
_**conclusion of unfitness)**_
during the night of 1-2 June 1992 and, accordingly, for an
order that that Community is to make good that damage —
(2001/C 134/45) the Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, has made an order on 17 January 2001, the
_(Language of the case: French)_ operative part of which is as follows:

1. _The application is dismissed as manifestly inadmissible;_
In Case T-65/00: Angeliki Ioannou, a former employee of the
Economic Union between Belgium, the Netherlands and 2. _The applicant is ordered to bear its own costs and to pay those_
Luxembourg (Benelux) assigned to the Schengen Secretariat, _incurred by the Commission._
residing in Brussels, represented by J. van Rossum, of the
Brussels Bar, with an address for service in Luxembourg at the
( [1] ) OJ C 226, 7.8.1999, p. 39.
offices of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Council of the European Union (Agents: F. Anton and M. Bauer)
— application for annulment of the Council’s decision of
21 May 1999 refusing to appoint the applicant a probationary
official upon the integration of the Schengen Secretariat into
the General Secretariat of the Council on the ground of
physical unfitness to perform the duties envisaged — the Court **ORDER OF THE COURT OF FIRST INSTANCE**
of First Instance (Third Chamber), composed of: J. Azizi,
President, and K. Lenaerts and M. Jaeger, Judges; J. Palacio **of 9 January 2001**
Gonza´lez, Administrator, for the Registrar, has given a judgment on 18 January 2001, in which it:
**in Case T-149/00: Innova, Centro Euromediterraneo per**
**lo Sviluppo Sostenibile v Commission of the European**
1. _Annuls the decision of the Council of 21 May 1999 refusing_ **Communities** ( [1] )
_to appoint the applicant a probationary official upon the_
_integration of the Schengen Secretariat into the Secretariat of_
_**(Action for annulment — Action concerning what is in fact**_
_the Council on the ground of physical unfitness to perform the_
_**a dispute of a contractual nature — Lack of jurisdiction of**_
_duties envisaged;_
_**the Court of First Instance)**_

2. _Orders the Council to pay the costs._
(2001/C 134/47)

( [1] ) OJ C 135 of 13.5.2000. _(Language of the case: French)_

In Case T-149/00: Innova, Centro Euromediterraneo per lo
Sviluppo Sostenibile, established at Calatafimi (Italy), represent