CELEX: C2007/082/76
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-435/04: Judgment of the Court of First Instance of 14 February 2007 — Simões Dos Santos v OHIM (Staff case — OHIM officials and temporary staff — Reports and promotion — Merit points reset at zero and their total recalculated — Transitional arrangements — Action for annulment — Plea of illegality — Non-retroactivity — Principles of legality and legal certainty — Legal basis — Legitimate expectations — Equal treatment)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/34
            
         Judgment of the Court of First Instance of 14 February 2007 — Simões Dos Santos v OHIM
   (Case T-435/04) (1)
   
   (Staff case - OHIM officials and temporary staff - Reports and promotion - Merit points reset at zero and their total recalculated - Transitional arrangements - Action for annulment - Plea of illegality - Non-retroactivity - Principles of legality and legal certainty - Legal basis - Legitimate expectations - Equal treatment)
   (2007/C 82/76)
   Language of the case: French
   Parties
   
      Applicant: Manuel Simões Dos Santos (Madrid, Spain) (represented by: A. Creus Carreras, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. de Medrano Caballero, agent, and D. Waelbroeck, lawyer)
   Re:
   Application for annulment, first, of OHIM's decision of 7 July 2004 rejecting the applicant's complaint of 11 March 2004 and, secondly, of OHIM's decision of 15 December 2003 establishing the cumulative total of the applicant's merit points under the 2003 promotion procedure and of the Joint Evaluation Board's opinion of 12 December 2003.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               annuls OHIM's decision of 15 December 2003 definitively allocating merit points under the 2003 promotion procedure to the applicant and OHIM's decision of 7 July 2004 rejecting the applicant's complaint of 11 March 2004 in so far as they entail a finding that the balance of the applicant's merit points has disappeared, as acknowledged by decision PERS-PROM-39-03rev1 on promotion, of 30 March 2004;
            
         
               2.
            
            
               dismisses the action as to the remainder;
            
         
               3.
            
            
               orders OHIM to pay the costs.
            
         
      (1)  OJ C 6, 8.1.2005.