CELEX: C2000/233/53
Language: en
Date: 2000-08-12 00:00:00
Title: Order of the Court of First Instance of 22 May 2000 in Case T-103/99: Associazione delle Cantine Sociali Venete v European Ombudsman and European Parliament (Actions for failure to act — Ombudsman — Inadmissibility)

C 233/28                 EN                      Official Journal of the European Communities                                        12.8.2000
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                       ORDER OF THE COURT OF FIRST INSTANCE
                          of 16 June 2000                                                             of 22 May 2000
                                                                            in Case T-96/99: Pieter F. Fleurbaay v European Invest-
  in Case T-84/98: C v Council of the European Union (1)                                                ment Bank (1)
(Officials — Action for annulment — Invalidity Committee                    (European Investment Bank (EIB) — Actions by members of
— Retirement — Breach of essential procedural require-                      staff — Measure capable of being contested — Manifest
     ments — Misuse of powers — Non-material damage)                                                   inadmissibility)
                                                                                                      (2000/C 233/52)
                          (2000/C 233/51)
                                                                                                (Language of the case: French)
                    (Language of the case: English)
                                                                            In Case T-96/99: Pieter F. Fleurbaay, a former member of the
In Case T-84/98: C, former official of the Council of the                   staff of the European Investment Bank, residing at Waldbredi-
European Union, residing in Dublin (Ireland), represented by                mus (Luxembourg), represented by E. Boigelot, of the Brussels
Séamus O Tuathail, Barrister of the Bar of Ireland, with an                 Bar, with an address for service in Luxembourg at the
address for service in Luxembourg c/o Michael O’Toole, Irish                Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim, v European
Embassy, 28 Route d’Arlon v Council of the European Union,                  Investment Bank (Agent: L. La Marca) — application for
represented by Colin Robertson and Thérèse Blanchet, Legal                  annulment of the decision taken by the European Investment
Advisers, acting as Agents, with an address for service in                  Bank, in the form of a letter from its President dated
Luxembourg at the office of Alessandro Morbilli, General                    18 February 1999 — the Court (Fourth Chamber), composed
Counsel of the Legal Affairs Directorate in the European                    of: V. Tiili, President, and R.M. Moura Ramos and P. Mengozzi,
Investment Bank, 100 Boulevard Konrad Adenauer — applica-                   Judges; H. Jung, Registrar, made an order on 22 May 2000, the
tion first, for annulment of Council Decision No 677/97 of                  operative part of which is as follows:
11 July 1997 retiring the applicant on grounds of total
permanent invalidity and for an order requiring the Council to              1.    The application is dismissed as manifestly inadmissible;
pay compensation for the material and non-material damage
suffered — the Court (First Chamber), composed of: B. Vester-               2.    The parties are to bear their own costs;
dorf, President, M. Vilaras and N. Forwood, Judges; H. Jung,
                                                                            3.    The Kingdom of the Netherlands is to bear its own costs.
Registrar, has given a judgment on 16 June 2000, in which it:
1.    Annuls Council Decision No 677/97 of 11 July 1997 by                  (1) OJ C 226 of 7.8.1999.
      which it retired the applicant on its own initiative on grounds
      of total permanent invalidity;
2.    Orders the Council to pay the applicant the difference between
      the salary which she received before her retirement and that
      granted to her on the basis of the contested decision, and any
      other amount which the applicant received before her retirement,            ORDER OF THE COURT OF FIRST INSTANCE
      together with interest at an annual rate of 5,5 %;
                                                                                                      of 22 May 2000
3.    Orders the Council to pay the applicant the sum of
      BEF 2 000 000 as compensation for the non-material damage             in Case T-103/99: Associazione delle Cantine Sociali
      caused to her, together with interest at an annual rate of 5,5 %      Venete v European Ombudsman and European Parli-
      until the date of payment;                                                                           ament (1)
4.    Dismisses the remainder of the action;                                (Actions for failure to act — Ombudsman — Inadmissibili-
                                                                                                              ty)
5.    Orders the Council to pay the costs.                                                            (2000/C 233/53)
(1) OJ C 278 of 5.9.1998.
                                                                                                (Language of the case: Italian)
                                                                            In Case T-103/99: Associazione delle Cantine Sociali Venete,
                                                                            established in Padua (Italy), represented by I. Cacciavillani, of
                                                                            the Venice Bar, and A. Cimino, of the Padua Bar, with an
 ---pagebreak--- 12.8.2000               EN                     Official Journal of the European Communities                                      C 233/29
address for service in Luxembourg at the Chambers of                      Action brought on 23 May 2000 by Erpo Möbelwerk
A. Lorang, 51 Rue Albert I, v European Ombudsman (Agent:                  GmbH against the Office for Harmonization in the
G. Grill) and European Parliament (Agents: H. Krück and                            Internal Market (Trade Marks and Designs)
A. Caiola) — application for a declaration that the Om-
budsman and, as the case may be, the Parliament unlawfully
failed to make a finding of maladministration on the part of                                      (Case T-138/00)
the Commission — the Court of First Instance (First Chamber),
composed of: B. Vesterdorf, President, and M. Vilaras and
N. Forwood, Judges; H. Jung, Registrar, made an order on                                          (2000/C 233/55)
22 May 2000, the operative part of which is as follows:
1.    The action is dismissed as inadmissible;
2.    The parties are to bear their own costs.                                              (Language of the case: German)
(1) OJ C 204 of 17.7.1999.                                                An action against the Office for Harmonization in the Internal
                                                                          Market (Trade Marks and Designs) was brought before the
                                                                          Court of First Instance of the European Communities on
                                                                          25 May 2000 by Erpo Möbelwerk GmbH, Ertingen, Federal
                                                                          Republic of Germany, represented by Stephan v. Petersdorff-
                                                                          Campen, Rechtsanwälte von Rospatt, von der Osten, Pross,
                                                                          Düsseldorf.
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                              INSTANCE                                    The applicant claims that the Court should:
                          of 24 May 2000
                                                                          —     annul decision R 392/1999-3 of the Third Board of
                                                                                Appeal of the Office for Harmonization in the Internal
in Case T-72/00 R: Steffen Skovmand v Commission of                             Market of 23 March 2000 in so far as it dismisses the
                  the European Communities                                      appeal;
(Proceedings for interim relief — Officials — Reassignment
      decision — Prima facie case — Urgency — None)                       —     order the defendant to pay the costs.
                          (2000/C 233/54)
                                                                          Pleas in law and main arguments
                    (Language of the case: French)
In Case T-72/00 R: Steffen Skovmand, an official of the                   Trade mark:                   Word mark ‘DAS PRINZIP DER
Commission of the European Communities, residing in Buch-                                               BEQUEMLICHKEIT’ — applica-
arest (Romania), represented by G. Vandersanden, of the                                                 tion no. 806620
Brussels Bar, with an address for service in Luxembourg at the
offices of Société de Gestion Fiduciaire, 2-4 Rue Beck, v                 Goods or services:            Goods in classes 12 and 20 (inter
Commission of the European Communities (Agents: G. Valse-                                               alia vehicles and furniture)
sia and F. Clotuche-Duvieusart) — application, first, and by
way of interim measures, for access to the file of the steering
                                                                          Decision contested befo-      ner
committee of the Commission’s External Service or, at the very
                                                                          re the Board of Appeal:
least, for production by the Commission of all reports and
                                                                                                        Refusal to register by the Exami-
other documents concerning the applicant and, second, for
suspension of operation of the decision of that committee of              Pleas in law relied on:
28 January 2000 reassigning the applicant to the Directorate-                                           — Misapplication
                                                                                                             cle 7(1)(b) of     of
                                                                                                                                Regulation
                                                                                                                                     Arti-
General for the Internal Market in Brussels — the President of                                               No 40/94
the Court of First Instance made an order on 24 May 2000,                                               — Misapplication        of   Arti-
the operative part of which is as follows:                                                                   cle 7(1)(c) of     Regulation
                                                                                                             No 40/94
1.    The application for interim measures is dismissed.
2.    The costs are reserved.