CELEX: C2001/227/31
Language: en
Date: 2001-08-11 00:00:00
Title: Judgment of the Court of First Instance of 28 March 2001 in Case T-144/99 Institute of Professional Representatives before the European Patent Office v Commission of the European Communities (Competition — Article 85 of the EC Treaty (now Article 81 EC) — Professional code of conduct — Ban on comparative advertising — Supply of services)

C 227/16                EN                      Official Journal of the European Communities                                         11.8.2001
                                                          COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 24 April 2001
                          of 24 April 2001
                                                                           in Case T-37/99: Ugo Miranda v Commission of the
                                                                                              European Communities (1)
in Case T-159/98: Ivan Torre and Others v Commission                       (Officials — Resettlement allowance — Meaning of resi-
               of the European Communities (1)                                                              dence)
                                                                                                     (2001/C 227/30)
(Officials — Competition — Irregularity in the manner in
which the tests were conducted, such as to distort the results
           — Legal interest in bringing proceedings)                                           (Language of the case: Italian)
                                                                           In Case T-37/99: Ugo Miranda, an official of the Commission
                                                                           of the European Communities, residing in Brussels, represented
                          (2001/C 227/29)                                  by L. Radicati di Brozolo, lawyer, with an address for service
                                                                           in Luxembourg, against Commission of the European Commu-
                                                                           nities (Agents: G. Valsesia and A. Dal Ferro) — application for
                                                                           annulment of the decision of the Commission of 7 May 1998,
                                                                           relating to the recovery of the resettlement allowance paid to
                    (Language of the case: French)                         the applicant by virtue of Article 6 of Annex VII to the Staff
                                                                           Regulations — the Court of First Instance (Single Judge:
                                                                           P. Mengozzi); J. Palacio González, Administrator, for the
                                                                           Registrar, gave a judgment on 24 April 2001, in which it:
In Case T-159/98: Ivan Torre, residing in Brussels, Donatella
Ineichen, residing in Brussels, Allessandro Cavallaro, residing            1.    dismisses the application;
in Rome, represented by M.-A. Lucas, avocat, with an address
for service in Luxembourg, v Commission of the European                    2.    orders each of the parties to bear their own costs.
Communities (Agents: J. Currall and C. Berardis-Kayser) —
application for annulment, first, of the decisions of the
selection board in competition EUR/A/123 awarding the                      (1) OJ C 121 of 1.5.99.
applicants a mark eliminating them from the initial pre-
selection test and, second, of the subsequent steps taken in
that competition, in so far as may be necessary in order to
restore the applicants’ rights — the Court of First Instance
(Fourth Chamber), composed of: P. Mengozzi, President,
and V. Tiili and R.M. Moura Ramos, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on                      JUDGMENT OF THE COURT OF FIRST INSTANCE
24 April 2001, in which it:
                                                                                                    of 28 March 2001
1.    Declares that there is no longer any need to adjudicate on the
      present action in so far as concerns Mr Torre and Mr Cavallaro;      in Case T-144/99 Institute of Professional Representatives
                                                                           before the European Patent Office v Commission of the
                                                                                              European Communities (1)
2.    Dismisses the action in so far as concerns Ms Ineichen;
                                                                           (Competition — Article 85 of the EC Treaty (now
3.    Orders the Commission to pay the costs.                              Article 81 EC) — Professional code of conduct — Ban on
                                                                                   comparative advertising — Supply of services)
                                                                                                     (2001/C 227/31)
(1) OJ C 378 of 5.12.1998.
                                                                                               (Language of the case: French)
                                                                           In Case T-144/99, Institute of Professional Representatives
                                                                           before the European Patent Office, established in Munich
 ---pagebreak--- 11.8.2001               EN                     Official Journal of the European Communities                                        C 227/17
(Germany), represented by R. Collin and M.-C. Mitchell,                   1.    Dismisses the action;
Avocats, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: E. Gippini                 2.    Orders the parties to bear their own costs.
Fournier) — application for annulment of Commission
Decision 1999/267/EC of 7 April 1999 relating to a proceed-
ing pursuant to Article 85 of the EC Treaty (IV/36.147 EPI
code of conduct) (OJ 1999 L 106, p. 14) — the Court of                    (1) OJ C 135 of 13.5.2000.
First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; G. Herzig,
Administrator, for the Registrar, has given a judgment on
28 March 2001, in which it:
1.    Annuls Article 1 of Commission Decision 1999/267/EC of
      7 April 1999 relating to a proceeding pursuant to Article 85
      of the EC Treaty (IV/36.147 EPI Code of Conduct) in so far as
      it concerns Article 2(b)(3) and Article 5(c) of the Code of
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
      Conduct of the Institute of Professional Representatives before
      the European Patent Office;
                                                                                                    of 5 April 2001
2.    Dismisses the remainder of the application;
3.    Orders the parties to bear their own costs, including those         in Case T-87/00 Bank für Arbeit und Wirtschaft AG v
      incurred in the interlocutory procedure.                            Office for Harmonisation in the Internal Market (Trade
                                                                                          Marks and Designs) (OHIM) (1)
(1) OJ C 281 of 2.10.99.
                                                                          (Community trade mark — Term EASYBANK — Absolute
                                                                          grounds for refusal — Article 7(1)(b) and (c) of Regulation
                                                                                                     (EC) No 40/94)
                                                                                                    (2001/C 227/33)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                 (Language of the case: German)
                           of 3 May 2001                                  In Case T-87/00 Bank für Arbeit und Wirtschaft AG, estab-
                                                                          lished in Vienna (Austria), represented by G. Kucsko, Rechtsan-
in Case T-60/00: Paraskevi Liaskou v Council of the                       walt, with an address for service in Luxembourg, against Office
                        European Union (1)                                for Harmonisation in the Internal Market (Trade Marks and
                                                                          Designs) (OHIM) (Agents: A. von Mühlendahl, J.F. Crespo
                                                                          Carrillo and S. Laitinen) — application for annulment of the
(Officials — Remuneration — Expatriation allowance —                      decision of the Third Board of Appeal of the Office for
    Article 4(1)(a) of Annex VII to the Staff Regulations)                Harmonisation in the Internal Market (Trade Marks and
                                                                          Designs) of 31 January 2000 (Case R 316/1999-3), refusing
                          (2001/C 227/32)                                 registration of the term EASYBANK as a Community trade
                                                                          mark — the 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
                    (Language of the case: French)                        given a judgment on 5 April 2001, in which it:
In Case T-60/00: Paraskevi Liaskou, an official of the Council            1.    Annuls the decision of the Third Board of Appeal of the Office
of the European Union, residing in Brussels, represented by                     for Harmonisation in the Internal Market (Trade Marks and
E. Boigelot, avocat, with an address for service in Luxembourg,                 Designs) of 31 January 2000 (Case R 316/1999-3);
v Council of the European Union (Agents: F. Anton and
D. Zahariou) — application, first, for annulment of the                   2.    Orders the defendant to pay the costs.
Council’s decision of 5 July 1999 refusing to grant the
applicant the expatriation allowance provided for in Article 4
of Annex VII to the Staff Regulations and, second, for payment
of that allowance together with default interest — the Court              (1) OJ C 163 of 10.6.00.
of First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, and V. Tiili and R.M. Moura Ramos, Judges; B. Pastor,
Principal Administrator, for the Registrar, has given a judgment
on 3 May 2001, in which it: