CELEX: C2003/135/43
Language: en
Date: 2003-06-07 00:00:00
Title: Judgment of the Court of First Instance of 3 April 2003 in Case T-114/02: Babyliss SA v Commission of the European Communities (Competition — Concentrations — Regulation (EEC) No 4064/89 — Action brought by a third party — Admissibility — Phase one undertakings — Trade mark licence — Amendments to undertakings — Time-limits — Financial assistance provided by the State — Derisory trade-in price — Serious doubts concerning the compatibility of the concentration with the common market — Absence of undertaking with regard to markets posing serious competition problems)

7.6.2003                 EN                         Official Journal of the European Union                                       C 135/27
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                address for service in Luxembourg, v Office for Harmonisation
                                                                            in the Internal Market (Trade Marks and Designs) (OHIM)
                           of 9 April 2003                                  (Agents: A. von Mühlendahl and O. Waelbroeck): Action
                                                                            brought against the decision of the First Board of Appeal of
in Case T-155/01: Robert Walton v Commission of the                         the Office for Harmonisation in the Internal Market (Trade
                    European Communities ( 1)                               Marks and Designs) of 6 July 2001 (Case R 864/1999-1),
                                                                            relating to opposition proceedings between Durferrit GmbH
(Temporary staff — Dismissal for unsatisfactory perform-                    and Kolene Corporation, the Court of First Instance (Fourth
ance of duties — Action for annulment and for compensation                  Chamber), composed of: M. Vilaras, President, V. Tiili and
                             for dismissal)                                 P. Mengozzi, Judges; D. Christensen, Administrator, for the
                                                                            Registrar, has given a judgment on 9 April 2003, in which it:
                           (2003/C 135/41)
                                                                            1.     Dismisses the action;
                    (Language of the case: English)
                                                                            2.     Orders the applicant to pay the costs.
In Case T-155/01, Robert Walton, a former member of
the temporary staff of the Commission of the European
                                                                            (1 ) OJ C 3 of 5.1.2002.
Communities, residing in Oxford (United Kingdom), represent-
ed by P. Harris, Barrister, v Commission of the European
Communities (Agent: J. Currall): Application principally for
annulment of the letter of 3 October 2000, whereby the
Commission terminated the applicant’s employment as a
member of the temporary staff, and for compensation for
breach of his contract of employment, the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on                        JUDGMENT OF THE COURT OF FIRST INSTANCE
9 April 2003, in which it has ruled:
                                                                                                      of 3 April 2003
1.     The application is dismissed.
2.     The parties shall bear their own costs.                              in Case T-114/02: Babyliss SA v Commission of the
                                                                                                European Communities ( 1)
( 1) OJ C 275 of 29.09.2001.
                                                                            (Competition — Concentrations — Regulation (EEC)
                                                                            No 4064/89 — Action brought by a third party — Admissi-
                                                                            bility — Phase one undertakings — Trade mark licence —
                                                                            Amendments to undertakings — Time-limits — Financial
                                                                            assistance provided by the State — Derisory trade-in price
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            — Serious doubts concerning the compatibility of the
                                                                            concentration with the common market — Absence of
                           of 9 April 2003
                                                                            undertaking with regard to markets posing serious compe-
                                                                                                       tition problems)
in Case T-224/01: Durferrit GmbH v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
                               (OHIM) (1)                                                             (2003/C 135/43)
(Community trade mark — Opposition procedure — Earlier
word mark TUFFTRIDE — Application for Community                                                 (Language of the case: French)
word mark NU-TRIDE — Likelihood of confusion —
Likelihood of association — Trade marks which are contrary
to public policy or to accepted principles of morality —
Article 7(1)(f) and Article 8(1)(b) of Council Regulation                   In Case T-114/02: Babyliss SA, established in Montrouge
                            (EC) No 40/94)                                  (France) represented by J.-P. Gunther, lawyer, supported by De
                                                                            Longhi SpA, established in Trevisso (Italy), represented by
                           (2003/C 135/42)                                  M. Merola, D. Domenicucci and I. van Schendel, lawyers,
                                                                            against Commission of the European Comunities (Agents:
                    (Language of the case: English)                         V. Superti, K. Wiedner and F. Lelièvre), supported by SEB SA,
                                                                            established in Écully (France), represented by D. Voillemot
                                                                            and S. Hautbourg, lawyers — application for annulment of
In Case T-224/01, Durferrit GmbH, established in Mannheim                   Commission Decision D/228078 of 8 January 2002 not to
(Germany), represented by P. Koch Moreno, lawyer, with an                   oppose the concentration between SEB and Moulinex and to
 ---pagebreak--- C 135/28                 EN                        Official Journal of the European Union                                         7.6.2003
declare it compatible with the common market and the EEA                   (Third Chamber), composed of K. Lenaerts, President of the
Agreement, subject to compliance with the undertakings                     Chamber, J. Azizi and M. Jaeger, Judges; Blanca Pastor, Deputy
proposed (Case COMP/M.2621 — SEB v Moulinex) — the                         Registrar, gave a judgment on 9 April 2003, in which it:
Court of First Instance (Third Chamber), composed of K. Lena-
erts, President, J. Azizi and M. Jaeger, Judges; J. Palacio,               1.    Annuls the decision of the Commission not to promote the
Principal Administrator, for the Registrar, gave a judgment on                   applicant to Grade B 2 in the 2001 promotions procedure;
3 April 2003, in which it:
                                                                           2.    Orders the Commission to pay the costs;
1.     Annuls Commission Decision D/228078 of 8 January 2002
       not to oppose the concentration between SEB and Moulinex            (1 ) OJ C 156 of 29.6.02.
       and to declare it compatible with the common market and the
       EEA Agreement, subject to compliance with the undertakings
       proposed (Case COMP/M.2621 — SEB v Moulinex) so far as
       concerns the markets in Italy, Spain, Finland, the United
       Kingdom and Ireland;
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
2.     Dismisses the remainder of the application;
                                                                                                     of 1 April 2003
3.     Orders the applicant and the Commission to bear their own
       costs;                                                              in Case T-11/01: Catherine Mascetti v Commission of the
                                                                                              European Communities (1)
4.     Orders SEB SA and De Longhi SpA to bear their own costs.
                                                                           (Contract as a member of the temporary staff — Admissi-
                                                                           bility — Act adversely affecting an official — Compliance
( 1) OJ C 144 of 15.06.02.                                                 with time-limits under the Staff Regulations — Second
                                                                           renewal of a contract as a member of the temporary staff —
                                                                                         Articles 2(d), 8 and 47 of the CEOS)
                                                                                                     (2003/C 135/45)
                                                                                               (Language of the case: Italian)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-11/01: Catherine Mascetti, a former member of
                                                                           the temporary staff of the Commission of the European
                                                                           Communities, residing in Leggiuno (Italy), represented by
                           of 9 April 2003                                 B. Nascimbene and M. Condinanzi, lawyers, with an address for
                                                                           service in Luxembourg, against Commission of the European
in Case T-134/02: Miguel Tejada Fernández v Commission                     Communities (Agents: F. Clotuche-Duvieusart and A. Dal
                of the European Communities ( 1)                           Ferro) — application for annulment of the decision of
                                                                           28 September 2000 by which the authority empowered to
                                                                           conclude contracts of employment rejected the complaint
(Officials — Promotion — Consideration of comparative                      lodged by the applicant seeking a declaration that the employ-
                 merits — Action for annulment)                            ment relationship which bound her to the Commission was a
                                                                           relationship of indefinite period under a contract as a member
                                                                           of the temporary staff pursuant to Article 2(d) of the Con-
                           (2003/C 135/44)                                 ditions of Employment of other Servants, renewed on more
                                                                           than one occasion with the effects referred to in the last
                                                                           paragraph of Article 8 of those conditions — the Court of First
                    (Language of the case: French)                         Instance (Fifth Chamber), composed of R. García-Valdecasas,
                                                                           President of the Chamber, P. Lindh and J.D. Cooke, Judges;
                                                                           H. Jung, Registrar, made an order on 1 April 2003, the
                                                                           operative part of which is as follows:
In Case T-134/02: Miguel Tejada Fernández, an official of
the Commission of the European Communities, residing in                    1.    The action is dismissed as inadmissible.
Woluwé-Saint-Étienne (Belgium), represented by L. Vogel,
                                                                           2.    The parties are to bear their own costs.
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: C. Berar-
dis-Kayser) — application for annulment of the decision of the             (1 ) OJ 2001 C 95.
Commission not to promote the applicant to Grade B 2 in the
2001 promotions procedure — the Court of First Instance