CELEX: C2004/021/68
Language: en
Date: 2004-01-24 00:00:00
Title: Judgment of the Court of First Instance of 5 November 2003 in Case T-98/02, Maddalena Lebedef-Caponi v Commission of the European Communities (Officials — Staff report — Performance of staff representative's and trade union activities — Action for annulment)

C 21/32                EN                         Official Journal of the European Union                                            24.1.2004
on-Main (Germany), represented by T. Raab-Rhein, C. Roth                  Mollerussa (Spain): Action brought against the decision of the
and B. Karthaus, lawyers, with an address for service in                  Third Board of Appeal of the Office for Harmonisation in
Luxembourg, against European Central Bank (Agents: V. Sain-               the Internal Market (Trade Marks and Designs) (OHIM) of
tot, T. Gilliams and B. Wägenbaur), application for, first,               16 January 2002 (Case R 40/2000-3) concerning the oppo-
annulment of the pay slips sent on 13 July 2001 to the                    sition filed by the owner of the national trade mark EL
applicants, staff of the European Central Bank (ECB), for the             CASTILLO, the Court of First Instance (Second Chamber),
month of July 2001, insofar as they are based on an increase              composed of: N. J. Forwood, President, J. Pirrung and
in basic pay of 2.2 % and, secondly, orders that the ECB send             A. W. H. Meij, Judges; B. Pastor, Deputy Registrar, has given a
the applicants pay slips for the month of July 2001 based on              judgment on 4 November 2003, in which it:
an increase in basic pay of at least 2.7 %, or, in the alternative,
on an increase corresponding to that upheld in the Court’s
                                                                          1.    Dismisses the application;
judgment in this case, and pay them the difference between
those amounts, the Court of First Instance (Third Chamber),
composed of J. Azizi, President, M. Jaeger and N. J. Forwood,             2.    Orders the applicant to pay the costs.
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 20 November 2003, the operative part
                                                                          (1) OJ C 144 of 15.6.2002.
of which is as follows:
1.    The pay slips sent on 13 July 2001 to the applicants, staff of
      the European Central Bank (ECB), for the month of July 2001
      are annulled in so far as the ECB failed to consult the staff
      committee in adopting the salaries adjustment for the year
      2001;
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    The remainder of the action is dismissed;
                                                                                                of 5 November 2003
3.    The European Central Bank shall pay the costs.
                                                                          in Case T-98/02, Maddalena Lebedef-Caponi v Com-
(1) OJ C 131 of 1.6.2002.                                                           mission of the European Communities (1)
                                                                          (Officials — Staff report — Performance of staff representa-
                                                                            tive’s and trade union activities — Action for annulment)
                                                                                                    (2004/C 21/68)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             (Language of the case: French)
                      of 4 November 2003
in Case T-85/02: Pedro Díaz, SA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)                    In Case T-98/02, Maddalena Lebedef-Caponi, an official of
                            (OHIM) (1)                                    the Commission of the European Communities, residing in
                                                                          Senningerberg (Luxembourg), represented by G. Bouneou and
(Community trade mark — Opposition procedure — Appli-                     F. Frabetti, lawyers, with an address for service in Luxembourg,
cation for Community word mark CASTILLO — Earlier                         against Commission of the European Communities (Agents:
national figurative mark EL CASTILLO — Likelihood of                      D. Martin and C. Berardis-Kayser), application for annulment
 confusion — Similar marks already on the relevant market)                of the decision to adopt the applicant’s final staff report for
                                                                          the period from 1 July 1995 to 30 June 1997, the Court of First
                                                                          Instance (Fourth Chamber), composed of V. Tiili, President,
                          (2004/C 21/67)                                  P. Mengozzi and M. Vilaras, Judges; I. Natsinas, Administrator,
                                                                          for the Registrar, has given a judgment on 5 November 2003,
                  (Language of the case: Spanish)                         the operative part of which is as follows:
                                                                          1.    The decision to adopt the applicant’s final staff report for the
In Case T-85/02, Pedro Díaz, SA, established in Cartagena                       period from 1 July 1995 to 30 June 1997 is annulled.
(Spain), represented initially by P. Koch Moreno and sub-
sequently by M. Aznar Alonso, lawyers, v Office for Harmonis-             2.    The Commission is ordered to pay the costs.
ation in the Internal Market (Trade Marks and Designs) (OHIM)
(Agents: O. Montalto and J. Crespo Carrillo), the other party to
the proceedings before the Board of Appeal of the Office for              (1) OJ C 144 of 15.6.2002.
Harmonisation in the Internal Market (Trade Marks and
Designs)(OHIM) being Granjas Castelló, SA, established in