CELEX: C2002/305/46
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court of First Instance of 11 September 2002 in Case T-89/01: Claude Willeme v Commission of the European Communities (Officials — Obligations under the Staff Regulations — Declaration of spouse's occupation — Personal interest likely to compromise independence — Obligation relating to personal dignity — Obligation to act in the interest of the Communities — Duty of loyalty — Disciplinary proceedings — Non-contractual liability — Assessment of non-material damage)

7.12.2002               EN                      Official Journal of the European Communities                                           C 305/21
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Verryck, residing in Brussels, Françoise Leroy, residing in
                                                                           Villers-la-Ville (Belgium), Petra Schlueter, residing in Overijse
                      of 25 September 2002                                 (Belgium), Lucia Talluto, residing in Brussels, Sandrine Tauber,
                                                                           residing in Brussels, Jacqueline White, residing in Brussels,
                                                                           Anne-Christine Ranglaret-Clément, residing in Brussels, Francy
in Case T-316/00: Viking-Umwelttechnik GmbH v Office                       Arnalsteen, residing in Genval (Belgium), Georges Anagnostar-
for Harmonisation in the Internal Market (Trade, Marks
                                                                           as, residing in Brussels, Jean-Pierre Dupriez, residing in Berloz
                     and Designs) (OHIM) ( 1)
                                                                           (Belgium), François Jurquet, residing in Brussels, Christian Eloy,
                                                                           residing in Waterloo (Belgium), Jean-Pierre Kanyinda, residing
(Community trade mark — Colours (green and grey) —                         in Zellik (Belgium), Bernard Lion, residing in Brussels, Renato
Absolute ground for refusal — Distinctive character —                      Stella, residing in Brussels, Gérard Van Neylen, residing in
          Article 7(1)(b) of Regulation (EC) No 40/94)                     Brussels, represented initially by A. Evrard and A. Colson, then
                                                                           by A. Colson and P.-P. Van Gehuchten, lawyers, with an
                          (2002/C 305/44)                                  address for service in Luxembourg, against the Commission
                                                                           of the European Communities (Agents: initially, E. Tserepa
                   (Language of the case: German)                          Lacombe and D. Martin; then, D. Martin and F. Clotuche-
                                                                           Duvieusart) — application for annulment of the Commission’s
                                                                           decision to refuse to appoint the applicants as established
                                                                           officials or to offer them contracts as members of the
In Case T-316/00, Viking-Umwelttechnik GmbH, established                   temporary staff for an indefinite term and for compensation
in Kufstein (Austria), represented by S. Völker, lawyer, v Office          of the damage suffered as a result of that decision — the Court
for Harmonisation in the Internal Market (Trade Marks and                  of First Instance (Third Chamber), composed of M. Jaeger,
Designs) (OHIM) (Agents: A. von Mühlendahl, E. Joly and                    President, K. Lenaerts and J. Azizi, Judges; Registrar: D. Chris-
S. Bonne): Action brought against the decision of the First                tensen, Administrator, gave a judgment on 26 September
Board of Appeal of the Office for Harmonisation in the                     2002, in which it:
Internal Market (Trade, Marks and Designs) of 28 July 2000
(Case R 558/1999-1) refusing registration of a juxtaposition               1.     Dismissed the action
of the colours green and grey as a Community trade mark, the
Court of First Instance (Fourth Chamber), composed of:                     2.     Ordered each of the parties to pay his or her own costs.
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; J. Pling-
ers, Administrator, for the Registrar, has given a judgment on
                                                                           (1 ) OJ No C 372 of 23 December 2000.
25 September 2002, in which it:
1.     Dismisses the action;
2.     Orders the applicant to pay the costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ C 372 of 23.12.2000.
                                                                                                 of 11 September 2002
                                                                           in Case T-89/01: Claude Willeme v Commission of the
                                                                                              European Communities (1)
                                                                           (Officials — Obligations under the Staff Regulations —
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Declaration of spouse’s occupation — Personal interest
                                                                           likely to compromise independence — Obligation relating to
                      of 26 September 2002                                 personal dignity — Obligation to act in the interest of the
                                                                           Communities — Duty of loyalty — Disciplinary proceedings
in Case T-319/00: Chantal Borremans and Others v                           — Non-contractual liability — Assessment of non-material
        Commission of the European Communities ( 1)                                                      damage)
(Officials — Former agents of the European Association for                                           (2002/C 305/46)
Cooperation — Refusal to appoint as established officials —
           Action for annulment and compensation)                                              (Language of the case: French)
                          (2002/C 305/45)
                                                                           In Case T-89/01: Claude Willeme, an official of the Com-
                    (Language of the case: French)                         mission of the European Communities, residing in Brussels,
                                                                           represented by Georges Vandersanden and Laure Levi, avocats,
                                                                           with an address for service in Luxembourg, against Com-
                                                                           mission of the European Communities (Agents: J. Currall and
In Case T-319/00: Chantal Borremans, residing in Brussels,                 D. Waelbroeck) — application for first, annulment of the
Annick Duez, residing in Baudour (Belgium), Ariane Dutrieux-               decision of 19 June 2000 downgrading the applicant from
 ---pagebreak--- C 305/22               EN                       Official Journal of the European Communities                                           7.12.2002
Grade A 3 to Grade A 6 and, secondly, a claim for compen-                  1.     Annuls the decision of the selection board, contained in the
sation for the damage allegedly suffered by the applicant as a                    letter of 13 July 2000, not to enter the applicant’s name on the
result of that decision — the Court of First Instance (Second                     reserve list resulting from selection procedure COM/R/A/01/
Chamber), composed of R.M. Moura Ramos, President, J. Pir-                        1999;
rung and A.W.H. Meij, Judges; H. Jung, Registrar, gave a
judgment on 11 September 2002, in which it:                                2.     Orders the Commission to pay the costs.
1.     annuls the decision of the Commission of 19 June 2000
                                                                           (1 ) OJ C 186 of 30.6.2001.
       downgrading the applicant from Grade A 3 to Grade A 6;
2.     orders the Commission to pay to the applicant EUR 1 by way
       of compensation for the non-material damage suffered by him;
3.     orders the Commission to pay the costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
( 1) OJ No C 227 of 11.8.2001.
                                                                                                   of 24 September 2002
                                                                           in Case T-102/01: Orlando Pérez-Díaz v Commission of
                                                                                              the European Communities (1)
                                                                           (Officials — Recruitment — Selection of members of the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               temporary staff — Refusal of entry on the reserve list —
                                                                              Linguistic competence of members of the selection board)
                      of 24 September 2002
                                                                                                       (2002/C 305/48)
in Case T-92/01: Marie-Claude Girardot v Commission of                                           (Language of the case: French)
                  the European Communities (1)
(Officials — Recruitment — Selection of members of the
temporary staff — Refusal of entry on the reserve list —                   In Case T-102/01: Orlando Pérez-Díaz, residing in Brussels,
Composition of the selection board — Equality of treatment)                represented by M.-A. Lucas, lawyer, v Commission of the
                                                                           European Communities (Agents: F. Clotuche-Duvieusart and
                                                                           H. Tserepa-Lacombe) — application for annulment of the
                         (2002/C 305/47)                                   decision of the selection board, contained in a letter of 14 July
                                                                           2000, refusing to enter the applicant’s name on the reserve list
                                                                           of temporary agents resulting from selection procedure COM/
                    (Language of the case: French)                         R/A/01/1999 — the Court of First Instance (First Chamber),
                                                                           composed of: B. Vesterdorf, President, and N.J. Forwood and
                                                                           H. Legal, Judges; J. Palacio González, Administrator, for the
                                                                           Registrar, has given a judgment on 24 September 2002, in
                                                                           which it:
In Case T-92/01: Marie-Claude Girardot, a member of the
temporary staff of the Commission of the European Communi-
ties, residing in Brussels, represented by J.-N. Louis and                 1.     Annuls the decision of the selection board, contained in the
V. Peere, lawyers, with an address for service in Luxembourg,                     letter of 14 July 2000, not to enter the applicant’s name on the
v Commission of the European Communities (Agents:                                 reserve list resulting from selection procedure COM/R/A/01/
F. Clotuche-Duvieusart and H. Tserepa-Lacombe) — appli-                           1999;
cation for annulment of the decision of the selection board,
contained in a letter of 13 July 2000, refusing to enter the               2.     Orders the Commission to pay the costs.
applicant’s name on the reserve list of temporary agents
resulting from selection procedure COM/R/A/01/1999 —
the Court of First Instance (First Chamber), composed of:                  (1 ) OJ C 186 of 30.6.2001.
B. Vesterdorf, President, and N. Forwood and H. Legal, Judges;
J. Palacio González, Administrator, for the Registrar, has given
a judgment on 24 September 2002, in which it: