CELEX: C2002/003/40
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 20 September 2001 in Case T-344/99: Lucía Recalde Langarica v Commission of the European Communities (Officials — Expatriation allowance — Article 4(1)(a) of the Staff Regulations — Article 26 of the Staff Regulations — Rights of defence)

C 3/24                  EN                      Official Journal of the European Communities                                   5.1.2002
2.    Orders that the sums referred to in paragraph (1) above shall            JUDGMENT OF THE COURT OF FIRST INSTANCE
      bear simple interest at the same rate from the date of the present
      judgment until full and final payment;                                                    of 19 September 2001
3.    Dismisses the remainder of the application;                          in Case T-337/99: Henkel KGaA v Office for Harmonis-
                                                                           ation in the Internal Market (Trade Marks and Designs)
                                                                                                        (OHIM) (1)
4.    Orders the Commission to pay the costs.
                                                                           (Community trade mark — Shape of a product for washing
                                                                           machines or dishwashers — Three-dimensional mark —
(1) OJ C 281 of 2.10.1999.                                                 Absolute ground for refusal — Article 7(1)(b) of Regulation
                                                                                                     (EC) No 40/94)
                                                                                                      (2002/C 3/39)
                                                                                              (Language of the case: German)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                In Case T-337/99: Henkel KGaA, established in Düsseldorf
                                                                           (Germany), represented by H.F. Wissel and C. Osterrieth,
                                                                           lawyers, with an address for service in Luxembourg, against
                          of 20 June 2001                                  Office for Harmonisation in the Internal Market (Trade Marks
                                                                           and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
in Case T-188/99: Euroalliages v Commission of the                         nen and S. Laitinen) — application brought against the
                   European Communities (1)                                decision of the Third Board of Appeal of the Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) of 21 September 1999 (Case R 73/1999-3), which
(Dumping — Decision terminating an expiry review —                         was notified to the applicant on 28 September 1999 — the
                      Action for annulment)                                Court of First Instance (Second Chamber), composed of
                                                                           A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
                                                                           D. Christensen, Administrator, for the Registrar, has given a
                            (2002/C 3/38)
                                                                           judgment on 19 September 2001, in which it:
                    (Language of the case: French)                         1.    Dismisses the action;
                                                                           2.    Orders the parties to bear their own costs.
In Case T-188/99: Euroalliages, whose head office is in Brussels           (1) OJ C 63 of 4.3.2000.
(Belgium), represented by D. Voillemot and O. Prost, lawyers,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: initially
N. Khan and, subsequently, V. Kreuschitz and A.P. Bentley) —
application for annulment of Commission Decision
1999/426/EC of 4 June 1999 terminating the anti-dumping                        JUDGMENT OF THE COURT OF FIRST INSTANCE
proceeding concerning imports of ferro-silicon originating in
Egypt and Poland (OJ 1999 L 166, p. 91) — the Court of First
Instance (Second Chamber, Extended Composition), composed                                       of 20 September 2001
of A.W.H. Meij, President, K. Lenaerts, A. Potocki, M. Jaeger
and J. Pirrung, Judges; J. Palacio González, Administrator, for           in Case T-344/99: Lucı́a Recalde Langarica v Commission
the Registrar, has given a judgment on 20 June 2001, in which                             of the European Communities (1)
it:
                                                                           (Officials — Expatriation allowance — Article 4(1)(a) of
                                                                           the Staff Regulations — Article 26 of the Staff Regulations
1.    Dismisses the application;                                                                  — Rights of defence)
2.    Orders the applicant to pay the costs.                                                          (2002/C 3/40)
                                                                                              (Language of the case: Spanish)
(1) OJ C 314 of 30.10.1999.
                                                                           In Case T-344/99: Lucı́a Recalde Langarica, an official of the
                                                                           Commission of the European Communities, residing in
 ---pagebreak--- 5.1.2002                EN                     Official Journal of the European Communities                                         C 3/25
Brussels, represented by R. Garcı́a-Gallardo and G. Pérez Olmo,           1.    Orders the Commission to pay the applicant the sum of
lawyers, with an address for service in Luxembourg, against                     EUR 109 921, together with post-maturity interest calculated
Commission of the European Communities (Agents: J. Currall                      in accordance with Article 18(7) of Commission Regulation
and J. Rivas Andrés) — application for annulment of the                         (EC) No 2519/97 of 16 December 1997 laying down general
decision of the Commission of 26 February 1999 withdrawing                      rules for the mobilisation of products to be supplied under
the applicant’s expatriation allowance and withholding from                     Council Regulation (EC) No 1292/96 as Community food aid,
her remuneration the amounts paid to her in that respect —                      as from 6 May 1999 until the debt is paid in full;
the Court of First Instance (Fifth Chamber), composed of
P. Lindh, President, R. Garcı́a-Valdecasas and J.D. Cooke,                2.    Orders the Commission to pay the costs.
Judges; J. Palacio González, Administrator, for the Registrar,
gave a judgment on 20 September 2001, in which it:
                                                                          (1) OJ C 122 of 29.4.2000.
1.    annuls the decision of the Commission of 26 February 1999;
2.    dismisses as inadmissible the claim that the Court make
      an appropriate order requiring the Commission to fulfil its
      obligations under Article 233 EC;
3.    orders the Commission to bear its own costs and pay those of            JUDGMENT OF THE COURT OF FIRST INSTANCE
      the applicant.
                                                                                               of 19 September 2001
(1) OJ C 79 of 18.3.2000.
                                                                          in Case T-30/00: Henkel KGaA v Office for Harmonisation
                                                                          in the Internal Market (Trade Marks and Designs)
                                                                                                       (OHIM) (1)
                                                                          (Community trade mark — Tablet for washing machines or
                                                                          dishwashers — Figurative mark — Absolute ground for
                                                                             refusal — Article 7(1)(b) of Regulation (EC) No 40/94)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     (2002/C 3/42)
                      of 19 September 2001
                                                                                             (Language of the case: German)
in Case T-26/00: Lecureur S.A. v Commission of the
                   European Communities (1)
                                                                          In Case T-30/00: Henkel KGaA, established in Düsseldorf
(Commission Regulation No 2519/97 — Food aid — Arbi-                      (Germany), represented by H.F. Wissel and C. Osterrieth,
tration clause — Contractual nature of the dispute — Non-                 lawyers, with an address for service in Luxembourg, against
conformity of the goods delivered — Thefts from warehouses                Office for Harmonisation in the Internal Market (Trade Marks
— Transfer of the burden of risk — Deductions from                        and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
                              payments)                                   nen and S. Laitinen) — application brought against the
                                                                          decision of the Third Board of Appeal of the Office for
                                                                          Harmonisation in the Internal Market (Trade Marks and
                           (2002/C 3/41)                                  Designs) of 25 November 1999 (Case R 75/1999-3), which
                                                                          was notified to the applicant on 10 December 1999 — the
                                                                          Court of First Instance (Second Chamber), composed of
                    (Language of the case: French)                        A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
                                                                          D. Christensen, Administrator, for the Registrar, has given a
                                                                          judgment on 19 September 2001, in which it:
In Case T-26/00: Lecureur S.A., established in Paris (France),            1.    Dismisses the action;
represented by L. Funck-Brentano and J. Villette, lawyers, with
an address for service in Luxembourg, against Commission of
the European Communities (Agent: P. Oliver) — application                 2.    Orders the parties to bear their own costs.
for an order for payment of sums withheld by the Commission
when paying the balance for a supply of food aid — the Court
                                                                          (1) OJ C 135 of 13.5.2000.
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
has given a judgment on 19 September 2001, in which it: