CELEX: C2003/101/58
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court of First Instance of 13 February 2003 in Case T-333/01: Karl L. Meyer v Commission of the European Communities (OCT — Action for damages — Duty of publication and control — Causal link)

C 101/32                EN                         Official Journal of the European Union                                       26.4.2003
                                                        COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) (OHIM) (Agents: A. von Mühlendahl, B. Weggenmann
                        of 6 February 2003                                 and C. Røhl Søberg), the intervener before the Court of First
                                                                           Instance being Karlsberg Brauerei KG Weber, established in
in Case T-7/01: Norman Pyres v Commission of the                           Homburg (Germany), represented by R. Lange: Action brought
                   European Communities ( 1)                               against the decision of the Third Chamber Board of Appeal of
                                                                           the Office for Harmonisation in the Internal Market (Trade
(Member of the temporary staff — Extension of contract —                   Marks and Designs) of 12 February 2001 (Case R 251/2000-
                                Term)                                      3), concerning the registration of the sign MYSTERY as a
                                                                           Community trade mark, which was opposed by the national
                          (2003/C 101/56)                                  trade mark Mixery, the Court of First Instance (Second
                                                                           Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
                   (Language of the case: English)                         rung and A.W.H. Meij, Judges, Registrar: D. Christensen,
                                                                           Administrator, has given a judgment on 15 January 2003, in
                                                                           which it:
In Case T-7/01, Norman Pyres, former member of the
temporary staff of the Commission of the European Communi-                 1.     Dismisses the application;
ties, residing in Brussels (Belgium), represented by G. Vander-
sanden and L. Levi, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities                       2.     Orders the parties to bear their own costs.
(Agent: J. Currall): Application for annulment of the Com-
mission’s decision to extend the applicant’s temporary staff
contract for a term limited to six months, the Court of First              (1 ) OJ C 227 of 11.8.2001.
Instance (P. Mengozzi, Single Judge); J. Plingers, Administrator,
for the Registrar, has given a judgment on 6 February 2003,
in which it:
1.     Dismisses the action;
2.     Orders each party to bear its own costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 95 of 24.3.2001.
                                                                                                   of 13 February 2003
                                                                           in Case T-333/01: Karl L. Meyer v Commission of the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   European Communities ( 1)
                        of 15 January 2003                                 (OCT — Action for damages — Duty of publication and
                                                                                                  control — Causal link)
in Case T-99/01: Mystery drinks GmbH v Office for
Harmonisation in the Internal Market (Trade Marks and
                        Designs) (OHIM) ( 1)                                                          (2003/C 101/58)
(Community trade mark — Opposition procedure — Earlier
national trade mark Mixery — Application for Community                                         (Language of the case: French)
word mark MYSTERY — Proof of use of earlier mark —
Relative ground for refusal — Article 8(1)(b) of Regulation
                             No 40/94)
                                                                           In Case T-333/01, Karl L. Meyer, residing at Uturoa (French
                          (2003/C 101/57)                                  Polynesia), represented by J.-D. des Arcis, lawyer, with an
                                                                           address for service in Luxembourg, v Commission of the
                   (Language of the case: German)                          European Communities (Agents: M.-J. Jonczy and B. Mar-
                                                                           tenczuk): Application for compensation for damage allegedly
                                                                           suffered by the applicant because of alleged maladministration
In Case T-99/01, Mystery drinks GmbH, in judicial liquidation,             by the Commission in the application of decisions on the
established in Eppertshausen (Germany), represented by T. Je-              association of the overseas countries and territories, the Court
staedt, V. von Bomhard and A. Renck, lawyers, v Office for                 of First Instance (Third Chamber), composed of: K. Lenaerts,
 ---pagebreak--- 26.4.2003               EN                         Official Journal of the European Union                                          C 101/33
President, J. Azizi and M. Jaeger, Judges; B. Pastor, Deputy                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Registrar, has given a judgment on 13 February 2003, in
which it:                                                                                         of 27 September 2002
1.     Dismisses the action;                                               in Case T-211/02: Tideland Signal Limited v Commission
                                                                                           of the European Communities ( 1)
2.     Orders the applicant to pay the costs.
                                                                           (Public procurement — Rejection of tender — Failure to
                                                                           exercise power to seek clarification of tender — Action for
                                                                                           annulment — Expedited procedure)
( 1) OJ C 68 of 16.3.2002.
                                                                                                      (2003/C 101/60)
                                                                                               (Language of the case: English)
                                                                           In Case T-211/02: Tideland Signal Limited, of which the
                                                                           registered office is in Redhill, Surrey (United Kingdom),
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               represented by C Thomas and C Kennedy-Loest, Solicitors,
                                                                           against Commission of the European Communities (Agent: J
                                                                           Forman) — application for annulment of the Commission
                       of 11 February 2003                                 decision of 17 June 2002 rejecting the applicant’s tender
                                                                           in procurement procedure EuropeAid/112336/C/S/WW —
                                                                           TACIS — (Re-tender) — the Court of First Instance (First
in Case T-30/02: Wolfgang Leonhardt v European Parlia-                     Chamber), composed of B. Vesterdorf, President, N.J. Forwood
                               ment ( 1)                                   and H. Legal, Judges; J. Plingers, Administrator, for the
                                                                           Registrar, has given a judgment on 27 September 2002, in
                                                                           which it:
(Officials — Reports — Promotion — Amendment to the
                 rules — Transitional measures)
                                                                           1.     Annuls the Commission decision of 17 June 2002 rejecting the
                                                                                  tender submitted by Tideland Signal Limited for Lot 1 in the
                          (2003/C 101/59)                                         tender procedure for EuropeAid/112336/C/S/WW — TACIS
                                                                                  — (Re-tender);
                    (Language of the case: French)                         2.     Orders the Commission to pay the costs.
                                                                           (1 ) OJ C 219 of 14.9.2002.
In Case T-30/02: Wolfgang Leonhardt, an official of the
European Parliament, residing in La Hulpe (Belgium), rep-
resented by H. Tagaras, avocat, against European Parliament
(Agents: H. von Hertzen and D. Moore) — application for
annulment of the Parliament’s decision of 11 June 2001
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
resetting at zero the tally of promotion points held by the
applicant on 1 January 2000 — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, R.M. Moura                                       of 13 December 2002
Ramos and H. Legal, Judges; D. Christensen, Administrator,
for the Registrar, has given a judgment on 11 February 2003,               in Case T-81/01: Marc Oscar Henri Verdoodt and Ingrid
the operative part of which is as follows:                                 Edmondus Malvina Rademakers-Verdoodt v Commission
                                                                                           of the European Communities ( 1)
1.     The Parliament’s decision of 11 June 2001 resetting at zero         (Action for annulment — Action becoming devoid of purpose
       the tally of promotion points held by Mr Leonhardt on                         — No need to adjudicate — Award of costs)
       1 January 2000 is annulled.
                                                                                                      (2003/C 101/61)
2.     The Parliament shall bear the costs.
                                                                                                (Language of the case: Dutch)
( 1) OJ C 109 of 4.5.2002.
                                                                           In Case T-81/01: Marc Oscar Henri Verdoodt and Ingrid
                                                                           Edmondus Malvina Rademakers-Verdoodt, living in Schoten