CELEX: C2003/019/61
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court of First Instance of 7 November 2002 in Case T-199/01: G v Commission of the European Communities (Officials — Social security — Refusal to reimburse medical expenses — Inefficacious treatment)

C 19/32                  EN                      Official Journal of the European Communities                                     25.1.2003
1.     Dismisses the applications;                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
2.     Orders the applicant to pay the costs.                                                       of 23 October 2002
                                                                            in Case T-104/01: Claudia Oberhauser v Office for Har-
( 1) OJ C 186 of 30.6.2001.                                                 monisation in the Internal Market (Trade Marks and
                                                                                                    Designs) (OHIM) ( 1)
                                                                            (Community trade mark — Opposition — Earlier figurative
                                                                            mark containing the term ‘miss fifties’ — Application for
                                                                            Community word mark ‘Fifties’ — Relative ground for
                                                                            refusal — Likelihood of confusion — Article 8(1)(b) of
                                                                                                Regulation (EC) No 40/94)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       (2003/C 19/60)
                       of 26 November 2002                                                     (Language of the case: German)
in Case T-103/01: Michael Cwik v Commission of the
                                                                            In Case T-104/01, Claudia Oberhauser, established in Munich
                    European Communities ( 1)
                                                                            (Germany), represented by M. Graf, lawyer, v Office for
                                                                            Harmonisation in the Internal Market (Trade Marks and
(Officials — Reorganisation of the Commission’s adminis-                    Designs) (OHIM) (Agent: G. Schneider), the other party to the
trative structures — Redeployment — Reasons — Interest                      proceedings before the Board of Appeal of the Office for
       of the service — Misuse of power — Duty of care)                     Harmonisation in the Internal Market (Trade Marks and
                                                                            Designs) being Petit Liberto, SA, established in Vidreres (Spain):
                                                                            Action brought against the decision of the Second Chamber
                           (2003/C 19/59)                                   Board of Appeal of the Office for Harmonisation in the
                                                                            Internal Market (Trade Marks and Designs) of 28 February
                                                                            2001 (Case R 757/1999-2), the Court of First Instance (Fourth
                     (Language of the case: French)
                                                                            Chamber), composed of: M. Vilaras, President, V. Tiili and
                                                                            P. Mengozzi, Judges; D. Christensen, Administrator, for the
                                                                            Registrar, has given a judgment on 23 October 2002, in which
                                                                            it:
In Case T-103/01: Michael Cwik, an official of the Commission
of the European Communities, residing in Tervuren (Belgium),                1.     Dismisses the application;
represented by N. Lhoëst, avocat, with an address for service
in Luxembourg, against Commission of the European Com-                      2.     Orders the applicant to pay the costs.
munities (Agents: J. Currall, D. Waelbroeck and J. Waldron) —
application, in the first place, for annulment of the Commission
                                                                            (1 ) OJ C 227 of 11.8.2001.
decision transferring the applicant from the ‘Economic Infor-
mation, Publications and Documentation’ Unit, which first
became the ‘Information: EURO, EMU’ Unit and subsequently
became Unit 4 ‘Communications Policy in regard to Monetary
Union’, to the ‘General Coordination, Human Resources and
Administration’ Unit, which became Unit 1 ‘Human Resources
Coordination; Information and Administration’, within the                        JUDGMENT OF THE COURT OF FIRST INSTANCE
‘Economic and Financial Affairs’ Directorate-General, and,
second, for compensation — the Court of First Instance                                             of 7 November 2002
(Second Chamber), composed of: R.M. Moura Ramos, Presi-
dent, J. Pirrung and A.W.H. Meij, Judges; D. Christensen,                   in Case T-199/01: G v Commission of the European
Administrator, for the Registrar, has given a judgment on                                             Communities ( 1)
26 November 2002, the operative part of which is as follows:
                                                                            (Officials — Social security — Refusal to reimburse medical
                                                                                           expenses — Inefficacious treatment)
1.     The application is dismissed;
                                                                                                       (2003/C 19/61)
2.     The parties shall bear their own costs.
                                                                                                (Language of the case: French)
( 1) OJ C 227 of 11.08.2001.
                                                                            In Case T-199/01: G, an official of the Commission of the
                                                                            European Communities, residing in Ispra (Italy), represented by
 ---pagebreak--- 25.1.2003               EN                        Official Journal of the European Communities                                           C 19/33
O. Slusny, lawyer, with an address for service in Luxembourg,                1.     Dismisses the application.
against Commission of the European Communities (Agent:
J. Currall) — application for the annulment of the implied                   2.     Orders the parties to bear their own costs.
rejection of the complaint lodged by the applicant against the
decision of the office responsible for settling claims of
                                                                             (1 ) OJ C 317 of 10.11.2001.
30 November 2000 refusing to reimburse expenses relating to
medicinal preparations prescribed by the doctor providing
treatment — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
Judges; D. Christensen, Administrator, for the Registrar, gave a
judgment on 7 November 2002, in which it:
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
1.     Dismisses the application.
                                                                                                     of 12 November 2002
2.     Orders the parties to bear their own costs.
                                                                             in Case T-271/01: José Manuel López Cejudo v Com-
                                                                                        mission of the European Communities (1)
( 1) OJ C 317 of 10.11.2001.
                                                                             (Officials — Remuneration — Dependent child and edu-
                                                                             cation allowances paid to the parent awarded custody of the
                                                                             child — Refusal to grant the other parent payment of the
                                                                             allowances for the purpose of calculating tax rebate and
                                                                                        expatriation allowance — Default interest)
                                                                                                          (2003/C 19/63)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                       (Language of the case: French)
                       of 5 November 2002
                                                                             In Case T-271/01: José Manuel López Cejudo, an official
                                                                             working for the Commission of the European Communities,
in Case T-205/01: André Ronsse v Commission of the                           residing in Brussels, represented by G. Vandersanden and
                   European Communities ( 1)
                                                                             L. Levi, avocats, with an address for service in Luxembourg,
                                                                             against Commission of the European Communities (Agent:
(Officials — Remuneration — Household allowance —                            J. Currall) — First an application for annulment of the decision
                    Recovery of sum overpaid)                                of the Commission refusing to grant to the applicant, in
                                                                             respect of the period running from October 2000 to July
                                                                             2001, the dependent child and education allowances for the
                           (2003/C 19/62)                                    purpose of calculating tax abatement and the expatriation
                                                                             allowance and, second, a claim for default interest on the
                                                                             amounts improperly recovered or not paid — the Court of
                    (Language of the case: French)                           First Instance (Second Chamber), composed of R.M. Moura
                                                                             Ramos, President, J. Pirrung and A.W.H. Meij, Judges; J. Pling-
                                                                             ers, Administrator, for the Registrar, gave a judgment on
                                                                             12 November 2002, in which it:
In Case T-205/01: André Ronsse, an official of the Commission
of the European Communities, residing in Brussels, represented               1.     annuls the decision of the Commission, as evidenced by
by E. Boigelot, lawyer, with an address for service in Luxem-                       the applicant’s salary slip for October 2000, refusing him
bourg, against Commission of the European Communities                               entitlement to dependent child and education allowances to take
(Agents: J. Currall, F. Clotuche-Duvieusart and B. Wägenbaur)                       into account for purposes of tax abatement and expatriation
— application for, first, annulment of the decisions of the                         allowance since July 1999, as amended by the Commission’s
Commission contained in letters of 9 and 23 November 2000                           decision of 16 July 2001, insofar as the latter decision takes
and in so far as necessary in the letter of 15 January 2002 and                     account of the apportionment of the entitlement to the
the implied rejection of his complaint lodged on 8 February                         allowances in issue and of the benefits under them only in
2001, all relating to repayment of EUR 22 443,07 correspond-                        respect of the future.
ing to the household allowance paid to the applicant from
1 January 1994 to 1 November 2000 and, secondly, reim-                       2.     orders the Commission to pay to the applicant:
bursement of the amounts withheld from his pension since
December 2000, together with interest at the statutory rate —                       —     default interest, as from November 2000, on the capital
the Court of First Instance (First Chamber), composed of                                  amount of EUR 1 193,85 and, for each month from
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;                              December 2000 and until September 2001,
J. Palacio González, Administrator, for the Registrar, gave a                             EUR 1 200 each month until those capital amounts are
judgment on 5 November 2002, in which it:                                                 repaid to him;