CELEX: C2002/097/24
Language: en
Date: 2002-04-20 00:00:00
Title: Case T-13/02: Action brought on 24 January 2002 by Falk-Ulrich von Hoff against the European Parliament

20.4.2002                EN                     Official Journal of the European Communities                                        C 97/11
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                for service in Luxembourg, v Commission of the European
                                                                           Communities (Agent: H. van Lier) — application for an order
                         of 23 January 2002                                requiring the Commission to pay the sum of 68 070 EUR in
                                                                           the context of ALTENER-AGORES contract No X-
in Case T-386/00 Margarida Gonçalves v European Parlia-                    VII/4.1030/Z/99-085, together with interest at the Belgian
                               ment (1)                                    statutory rate applying from 23 July 2001, to be paid within
                                                                           eight days from delivery of the decision to be given, or in
(Officials of the European Communities — Competition                       default to pay a periodic penalty of 100 EUR for each day’s
notice — Non-admission to a competition — Consistency                      delay — the President of the Court of First Instance made an
between pleas put forward during the administrative proce-                 order on 7 December 2001, the operative part of which is as
dure and those set out in the application — Admissibility —                follows:
Statement of reasons — Administration’s duty to have
regard for the interests of officials and the principle of sound           1.    The application for interim measures is dismissed.
                           administration)
                                                                           2.    The costs are reserved.
                           (2002/C 97/22)
                     (Language of the case: French)
In Case T-386/00, Margarida Gonçalves, former member of
the temporary staff, residing in Brussels, represented by                  Action brought on 24 January 2002 by Falk-Ulrich von
L. Tinti, lawyer, with an address for service in Luxembourg,                           Hoff against the European Parliament
against European Parliament (Agents: J.F. De Wachter and
D. Moore) — application to annul the decisions of the selection                                       (Case T-13/02)
board rejecting the application of the applicant in internal
competition B/172, establishing the list of suitable candidates                                       (2002/C 97/24)
and all decisions taken by the defendant on the basis of such
decisions, and for compensation for the pecuniary and non-
pecuniary damage allegedly suffered as a result of those                                      (Language of the case: German)
decisions, — the Court of First Instance (Single Judge: M. Vila-
ras); Registrar: J. Plingers, Administrator, has given a judgment
on 23 January 2002, the operative part of which is as follows:             An action against the European Parliament was brought before
                                                                           the Court of First Instance of the European Communities on
1.    The application is dismissed.                                        24 January 2002 by Falk-Ulrich von Hoff, of Berlin (Germany),
                                                                           represented by B. Wägenbaur, lawyer.
2.    The parties shall bear their own costs.
(1) OJ 2001 C 61.                                                          The applicant claims that the Court should:
                                                                           —     annul the European Parliament’s decision of 17 April
                                                                                 2001;
                                                                           —     order the European Parliament to pay to the applicant
                                                                                 the installation allowance amounting to two months’
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                 salary, together with interest at the rate of 8 % from the
                             INSTANCE
                                                                                 date of the request (15 March);
                        of 7 December 2001                                 —     order the defendant to pay the costs.
in Case T-192/01 R: Lior GEIE v Commission of the
                      European Communities
                                                                           Pleas in law and main arguments
(Procedure for interim relief — Payment under a contract —
                  Interim measures — Urgency)
                                                                           In the context of the transfer of the liaison centre of the
                                                                           European People’s Party from Bonn to Berlin, the applicant,
                           (2002/C 97/23)                                  whose place of employment was Brussels and who took over
                                                                           as head of the liaison centre, was moved to Berlin. He applied
                     (Language of the case: French)                        for the grant of an installation allowance pursuant to Article 5
                                                                           of Annex VII to the Staff Regulations. The institution refused
                                                                           that application on the ground that the applicant had returned
In Case T-192/01 R: Lior GEIE, established in Brussels, repre-             to live with his family, who had already been residing in Berlin
sented by V. Marien and J. Choucroun, lawyers, with an address             prior to the transfer of the applicant.
 ---pagebreak--- C 97/12               EN                     Official Journal of the European Communities                                      20.4.2002
The applicant asserts that the decision refusing his application        Grounds of claim:              —     incorrect application of the
is contrary to Article 5(2) of Annex VII, since the conditions                                               provisions of Regulation
for granting an installation allowance are fulfilled, and that the                                           (EC) No 40/94 (1) and of
European Parliament cannot validly rely on the ground of                                                     Regulation (EC) No 2868/
exclusion laid down in Article 5(4) of Annex VII.                                                            95 (2);
                                                                                                       —     incorrect application of
                                                                                                             Article 7(1)(b) and (c) of
                                                                                                             Regulation (EC) No 40/94;
                                                                                                       —     incorrect application of
                                                                                                             Article 7(3) of Regulation
                                                                                                             (EC) No 40/94.
Action brought on 30 January 2002 by Audi AG against
the Office for Harmonisation in the Internal Market
                                                                        (1) Council Regulation (EC) No 40/94 of 20.12.1003 on the Com-
                  (Trade Marks and Designs)
                                                                            munity trade mark (OJ 1994 L 11, p. 1).
                                                                            (2) Commission Regulation (EC) No 2868/95 of 13 December
                                                                            1995 implementing Council Regulation (EC) No 40/94 on the
                         (Case T-16/02)                                     Community trade mark (OJ 1995 L 303, p. 1).
                         (2002/C 97/25)
                  (Language of the case: German)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on                  Action brought on 29 January 2002 by Fred Olsen S.A.
30 January 2002 by Audi AG, of Ingolstadt (Germany),                         against Commission of the European Communities
represented by L. von Zumbusch, lawyer.
                                                                                                 (Case T-17/02)
The applicant claims that the Court should:
                                                                                                 (2002/C 97/26)
—     annul the decision adopted on 8 November 2001 by the
      First Board of Appeal in appeal No R 0652/2000-1;
                                                                                           (Language of the case: Spanish)
—     order the defendant Office to pay the costs.
                                                                        An action against the Commission of the European Communi-
Pleas in law and main arguments                                         ties was brought before the Court of First Instance of the
                                                                        European Communities on 29 January 2002 by Fred Olsen
                                                                        S.A., whose registered office is in Santa Cruz de Tenerife
The trade mark con-           the verbal mark ‘TDI’ — appli-            (Spain), represented by Rafael Marı́n Correa, lawyer.
cerned:                       cation No 19752
Goods or services:            goods and services in Classes 12          The applicant claims that the Court should:
                              and 37 (vehicles and constructive
                              parts thereof; repair and mainten-        —      annul the decision of the Commission of 25 July 2001
                              ance of vehicles)
Decision        contested     refusal of registration by the            —      order the Commission of the European Communities
before the Board of           examiner                                         to initiate the procedure for verifying whether aid is
Appeal:                                                                        compatible with the EC Treaty in accordance with its
                                                                               judgment;
Decision of the Board of      rejection of the appeal
Appeal:                                                                 —      order the defendant to pay the costs.