CELEX: C2002/323/51
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court of First Instance of 17 October 2002 in Joined Case T-330/00 and T-114/01: Stefano Cocchi and Evi Hainz against Commission of the European Communities (Officials — Recruitment procedure — Article 29(1) of the Staff Regulations — Priority of officials — Rejection of candidatures of temporary members of staff — Appointment of an official — Prohibition of discrimination — Statement of reasons — Interests of the service — Fourth and fifth paragraphs of Article 8 of the Conditions of employment of other servants — Duty to have regard for the interests of officials — Vacancy notice)

C 323/32                  EN                     Official Journal of the European Communities                                        21.12.2002
1.     Annuls Commission Decision 2000/400/EC of 10 May                     2000), the Court of First Instance (Fifth Chamber), composed
       2000 relating to a proceeding pursuant to Article 81 of the EC       of: J.D. Cooke, President, R. García-Valdecasas and P. Lindh,
       Treaty (IV/32.150 — Eurovision);                                     Judges; D. Christensen, Administrator, for the Registrar, has
                                                                            given a judgment on 15 October 2002, in which it:
2.     Orders the Commission to pay its own costs, together with
       those of the applicants and of the intervener Reti Televisive
       Italiane Spa;                                                        1.     Annuls the decision of the Commission of 30 June 2000,
                                                                                   refusing to acknowledge the eligibility of the applicant for the
3.     Orders DSF Deutsches SportFernsehen GmbH to bear the costs                  Programme encouraging the development and distribution of
       of its intervention;                                                        European audiovisual works (MEDIA II — Development and
                                                                                   distribution) (1996-2000);
4.     Orders the intervener Union européenne de radio-télévision to
       bear its own costs, together with those incurred by Métropole        2.     Orders the Commission to pay the costs.
       télévision SA, Antena 3 de Televisión SA and SIC — Sociedade
       Independente de Comunicação SA for their interventions;
                                                                            (1 ) OJ C 316 of 4.11.2000.
5.     Orders the intervener Radiotelevisión Española to bear its own
       costs, together with those incurred by Antena 3 de Televisión
       SA for its intervention;
6.     Orders Gestevisión Telecinco SA to bear the costs it incurred in
       connection with the intervention of the Union européenne de
       radio-télévision and of Radiotelevisión Española.
( 1) OJ C 285 of 7.10.2000, C 302 of 21.10.2000 and C 355 of
     9.12.2000.                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 17 October 2002
                                                                            in Joined Case T-330/00 and T-114/01: Stefano Cocchi
                                                                            and Evi Hainz against Commission of the European
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                           Communities ( 1)
                          of 15 October 2002                                (Officials — Recruitment procedure — Article 29(1) of the
                                                                            Staff Regulations — Priority of officials — Rejection of
in Case T-233/00: Scanbox Entertainment A/S v Com-                          candidatures of temporary members of staff — Appointment
            mission of the European Communities (1)                         of an official — Prohibition of discrimination — Statement
                                                                            of reasons — Interests of the service — Fourth and fifth
                                                                            paragraphs of Article 8 of the Conditions of employment of
(Programme encouraging the development and distribution                     other servants — Duty to have regard for the interests of
of European audiovisual works (MEDIA II) — Automatic                                             officials — Vacancy notice)
         support for distribution — Recipient company)
                                                                                                       (2002/C 323/51)
                            (2002/C 323/50)
                      (Language of the case: Danish)                                              (Language of the case: French)
In Case T-233/00, Scanbox Entertainment A/S, established in
Farum (Denmark), represented by T. Steffensen, lawyer, v                    In Joined Cases T-330/00 and T-114/01: Stefano Cocchi and
Commission of the European Communities (Agents: N. Ras-                     Evi Hainz, former members of the temporary staff of the
mussen and H. Støvlbæk): Application for the annulment of                   Commission of the European Communities, residing in Varese
the Commission’s decision of 30 June 2000 refusing to                       (Italy), represented by G. Vandersanden and L. Levi, lawyers,
recognise the applicant’s eligibility for the programme encour-             with an address for service in Luxembourg, against Com-
aging the development and distribution of European audiovisu-               mission of the European Communities (Agents: J. Currall and
al works (Media II — Development and distribution) (1996-                   D. Waelbroeck), application:
 ---pagebreak--- 21.12.2002              EN                        Official Journal of the European Communities                                            C 323/33
—      in Case T-330/00, for annulment of the decisions of                   composed of: R. M. Moura Ramos, President, J. Pirrung and
       16 March 2000 and 22 February 2000 of the authority                   A. W. H. Meij, Judges; J. Plingers, Administrator, for the
       empowered to conclude contracts not to accept the                     Registrar, has given a judgment on 9 October 2002, in which
       respective candidatures of Mr Cocchi and Mrs Hainz for                it:
       the posts declared to be vacant by vacancy notices COM/
       R/5530/00 and COM/R/5500/00 respectively or, in the
                                                                             1.     Annuls the decision of the First Board of Appeal of the Office
       alternative, annulment of those vacancy notices and for
                                                                                    for Harmonisation in the Internal Market (Trade Marks and
       compensation in respect of the harm allegedly suffered
                                                                                    Designs) of 22 September 2000 (Case R 278/2000-1);
       by the applicants;
—      in Case T-114/01, for annulment of the decisions of                   2.     Orders the defendant to pay the costs.
       appointment adopted by the authority empowered to
       conclude contracts under the recruitment procedures
                                                                             (1 ) OJ C 45 of 10.2.2001.
       initiated by vacancy notices COM/R/5530/00 and COM/
       R/5500/00 and for compensation in respect of the harn
       allegedly suffered by the applicants,
the Court of First Instance (Fifth Chamber), composed of
J.D. Cooke, President of the Chamber, R. García-Valdecasas
and P. Lindh, Judges; J. Plingers, Administrator, for the
Registrar, has given a judgment on 17 October 2002 in which                       JUDGMENT OF THE COURT OF FIRST INSTANCE
it:
                                                                                                      of 9 October 2002
1.     Dismisses the actions;
2.     Orders all the parties to bear their own costs.                       in Case T-36/01: Glaverbel v Office for Harmonisation in
                                                                             the Internal Market (Trade Marks and Designs) (OHIM) (1)
( 1) OJ C 372, 23.12.2000, and C 227, 11.8.2001.
                                                                             (Community trade mark — Regulation (EC) No 40/94 —
                                                                             Design applied to the surface of goods — Absolute ground
                                                                               for refusal — Distinctive character — Right to a hearing)
                                                                                                        (2002/C 323/53)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                     (Language of the case: English)
                         of 9 October 2002
                                                                             In Case T-36/01, Glaverbel, established in Brussels (Belgium),
in Case T-360/00: Dart Industries Inc. v Office for Har-                     represented by S. Möbus, lawyer, v Office for Harmonisation
monisation in the Internal Market (Trade Marks and                           in the Internal Market (Trade Marks and Designs) (OHIM)
                        Designs) (OHIM) ( 1)                                 (Agents: A. di Carlo and G. Schneider): Action brought against
                                                                             the decision of the First Board of Appeal of the Office for
(Community trade mark — ‘UltraPlus’ — Absolute grounds                       Harmonisation in the Internal Market (Trade Marks and
for refusal — Descriptive character, distinctive character —                 Designs) of 30 November 2000 (Case R 137/2000-1), the
      Article 7(1)(b) and (c) of Regulation (EC) No 40/94)                   Court of First Instance (Second Chamber), composed of:
                                                                             R. M. Moura Ramos, President, J. Pirrung and A. W. H. Meij,
                                                                             Judges; J. Palacio González, Administrator, for the Registrar,
                           (2002/C 323/52)                                   has given a judgment on 9 October 2002, in which it:
                    (Language of the case: English)
                                                                             1.     Annuls the decision of the First Board of Appeal of the Office
                                                                                    for Harmonisation in the Internal Market (Trade Marks and
                                                                                    Designs) (OHIM) of 30 November 2000 (Case R 137/2000-
In Case T-360/00, Dart Industries Inc., established in Orlando,                     1);
Florida (United States of America), represented by J. Gray and
K.-U. Jonas, lawyers, v Office for Harmonisation in the Internal             2.     Orders the Office to bear its own costs and to pay those incurred
Market (Trade Marks and Designs) (OHIM) (Agent: V. Melgar):                         by the applicant.
Action brought against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
                                                                             (1 ) OJ C 118 of 21.4.2001.
(Trade Marks and Designs) of 22 September 2000 (Case R
278/2000-1) on the registration of ‘UltraPlus’ as a Community
trade mark, the Court of First Instance (Second Chamber),