CELEX: C2002/131/02
Language: en
Date: 2002-06-01 00:00:00
Title: Order of the Court (Fourth Chamber) of 13 December 2001 in Case C-61/01 P: Francis Panichelli v European Parliament (Officials — Temporary agent — Lack of promotion — Reassessment of post — Drawing up of staff reports — Termination of contract — Appeal manifestly inadmissible and manifestly unfounded)

1.6.2002                EN                      Official Journal of the European Communities                                              C 131/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                    ORDER OF THE COURT                                                           ORDER OF THE COURT
                        (Second Chamber)                                                             (Fourth Chamber)
                      of 11 December 2001                                                          of 13 December 2001
in Case C-301/00 P: Karl L. Meyer v Commission of the                        in Case C-61/01 P: Francis Panichelli v European Parlia-
                   European Communities (1)                                                                ment (1)
(PTOM — Project financed by the EDF — Action for                             (Officials — Temporary agent — Lack of promotion —
damages — Legitimate expectations — Commission duty to                       Reassessment of post — Drawing up of staff reports —
                              monitor)                                       Termination of contract — Appeal manifestly inadmissible
                                                                                                and manifestly unfounded)
                          (2002/C 131/01)
                                                                                                       (2002/C 131/02)
                    (Language of the case: French)
                                                                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case 301/00 P: Karl L. Meyer, residing at Uturoa (Island of
Raiatea, French Polynesia), represented by J.-D. des Arcis,
                                                                             In Case 61/01 P: Francis Panichelli, residing in Wezembeek-
avocat, — appeal against the judgment of the Court of First
                                                                             Oppem (Belgium), represented by E. Boigelot, lawyer — appeal
Instance of the European Communities, Third Chamber, of
                                                                             against the judgment of the Court of First Instance of the
27 June 2000 in Case T-72/99 Meyer v Commission [2000]
                                                                             European Communities, Second Chamber, of 13 December
ECR II-2521, seeking to have that judgment set aside, the other
                                                                             2000 in Joined Cases T-130/98 and T-131/98 Panichelli v
party to the proceedings being Commission of the European
                                                                             Parliament [2000] ECR-SC I-A-287, II-1311, seeking to have
Communities (Agent: X. Lewis) — the Court, composed of
                                                                             that judgment set aside, the other party to the proceedings
N. Colneric (Rapporteur), President of Chamber, R. Schintgen
                                                                             being European Parliament (Agents: J. F. de Wachter and
and V. Skouris, Judges; A. Tizzano, Advocate General; R. Grass,
                                                                             D. Moore) — the Court, composed of S. von Bahr (Rapporteur),
Registrar, made an order on 11 December 2001, the operative
                                                                             President of Chamber, D.A.O. Edward and A. La Pergola,
part of which is as follows:
                                                                             Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar,
                                                                             made an order on 13 December 2001, the operative part of
1.    The appeal is dismissed.                                               which is as follows:
2.    Mr Meyer shall bear the costs.
                                                                             1.    The appeal brought by Mr Panichelli and the cross-appeal
                                                                                   brought by the European Parliament are dismissed.
(1) OJ C 273 of 23.9.2000.
                                                                             2.    Mr Panichelli and the European Parliament shall bear their
                                                                                   own costs.
 ---pagebreak--- C 131/2                 EN                      Official Journal of the European Communities                                        1.6.2002
3.    The Parliament’s application for the Court to order                  Reference for a preliminary ruling by the Bundespa-
      Mr Panichelli to bear his own costs at first instance in Case        tentgericht by order of that Court of 22 January 2002
      T-130/98 is rejected.                                                in the administrative appeal brought by Heidelberger
                                                                                                   Bauchemie GmbH
(1) OJ C 108 of 7.4.2001.
                                                                                                     (Case C-49/02)
                                                                                                    (2002/C 131/04)
                                                                           Reference has been made to the Court of Justice of the
                    ORDER OF THE COURT                                     European Communities by order of the Bundespatentgericht
                                                                           (Federal Patents Court) (Germany) of 22 January 2002, received
                                                                           at the Court Registry on 20 February 2002, for a preliminary
                        (Fourth Chamber)                                   ruling in the administrative appeal brought by Heidelberger
                                                                           Bauchemie GmbH on the following questions:
                         of 14 March 2002
                                                                           For the purposes of registration as a trade mark, do colours or
in Joined Cases C-250/01 P and C-251/01 P: Mario Costac-                   combinations of colours claimed in the abstract, without
    urta v Commission of the European Communities (1)                      delineation and in hues which are indicated by a colour sample
                                                                           (colour specimen), named in words and identified under a
                                                                           recognised colour classification system fulfil the requirements
(Appeals — Application of Article 3 of Annex X to the Staff                for ability to constitute a trade mark laid down in Article 2 of
Regulations — Re-posting of the applicant to a non-Member                  First Council Directive 89/104/EEC (1) of 21 December 1988
State — Action for annulment — Inadmissibility — Appeal                    to approximate the laws of the Member States relating to trade
      manifestly unfounded and inadmissible — Costs)                       marks?
                          (2002/C 131/03)                                  In particular, for the purposes of Article 2 of the directive, is
                                                                           such an ‘(abstract) colour mark’
                    (Language of the case: French)
                                                                           a)    a sign,
(Provisional translation; the definitive translation will be published     b)    sufficiently distinctive to be capable of indicating origin,
                   in the European Court Reports)
                                                                           c)    capable of being represented graphically?
In Joined Cases C-250/01 P and C-251/01 P: Mario Costacurta,               (1) OJ L 40 of 11.2.1989, p. 1.
a former official of the Commission of the European Com-
munities, residing at Luxembourg, represented by M. Petit,
lawyer — two appeals against the orders of the Court of First
Instance of the European Communities, Second Chamber, of
7 June 2001 in Case T-328/00 Costacurta v Commission, not
published in the European Court Reports, seeking to have
those orders set aside, the other party to the proceedings being
                                                                           Reference for a preliminary ruling by the Landesgericht
Commission of the European Communities (Agents: J. Currall,                Eisenstadt by order of that Court of 17 January 2002 in
assisted by B. Wägenbaur) — the Court (Fourth Chamber),                    the private prosecutions brought by Montres Rolex S.A.
composed of S. von Bahr, President of Chamber,
                                                                                                       and Others
D.A.O. Edward (Rapporteur) and A. La Pergola, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, made
an order on 14 March 2002, the operative part of which is as                                         (Case C-60/02)
follows:
                                                                                                    (2002/C 131/05)
1.    The appeals are dismissed.
2.    Mr Costacurta shall bear the costs.                                  Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Landesgericht Eisen-
                                                                           stadt (Regional Court, Eisenstadt) of 17 January 2002, received
(1) OJ C 245 of 1.9.2001.
                                                                           at the Court Registry on 25 February 2002, for a preliminary
                                                                           ruling in the private prosecutions brought by Montres Rolex
                                                                           S.A. and Others, on the following question: