CELEX: C2001/134/37
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 16 January 2001 in Joined Cases T-97/99 and T-99/99: Michel Chamier and Eoghan O'Hannrachain v European Parliament (Officials — Grade A 1 post — Article 29(2) of the Staff Regulations — Notice of vacancy — Manifest error of assessment — Misuse of powers)

5.5.2001               EN                     Official Journal of the European Communities                                     C 134/17
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                of 17 January 2001
                       of 31 January 2001
                                                                         in Case T-14/99: Marie-Jeanne Kraus v Commission of the
in Case T-156/98: RJB Mining plc v Commission of the                                        European Communities (1)
                   European Communities (1)
                                                                         (Officials — Household allowance — Recovery of undue
                                                                               payment — Manifest irregularity of the payment)
(ECSC Treaty — Concentration between undertakings —
                    Admissibility — State aid)                                                     (2001/C 134/36)
                         (2001/C 134/35)                                                    (Language of the case: French)
                                                                         In Case T-14/99: Marie-Jeanne Kraus, an official of the
                   (Language of the case: English)                       Commission of the European Communities, residing in Luxem-
                                                                         bourg, represented by L. Thielen, of the Luxembourg Bar, with
                                                                         an address for service in Luxembourg at the latter’s Chambers,
In Case T-156/98: RJB Mining plc, having its registered office           10 Rue Willy Goergen, v Commission of the European
at Harworth, United Kingdom, represented by M. Brealey,                  Communities (Agents: C. Berardis-Kayser, F. Clotuche-Duvieu-
Barrister, and J. Lawrence, Solicitor, with an address for service       sart and B. Wägenbaur) — application for annulment of the
in Luxembourg at the Chambers of Arendt and Medernach,                   Commission’s decision of 19 October 1998 requiring the
8-10 Rue Mathias Hardt, against Commission of the European               applicant to reimburse the household allowance received —
Communities (Agents: K. Leivo and R. Lyal) supported by RAG              the Court of First Instance (Fourth Chamber), composed of:
Aktiengesellschaft, established in Essen (Germany), represented          P. Mengozzi, President, and V. Tiili and R.M. Moura Ramos,
by M. Hansen, Denmark, and S. Völcker, Rechtsanwalt, Berlin,             Judges; J. Palacio González, Administrator, for the Registrar,
with an address for service in Luxembourg at the Chambers of             has given a judgment on 17 January 2001, in which it:
Loesch and Wolter, 11 Rue Goethe, and by Federal Republic
of Germany, (Agents: W.-D. Plessing and C.-D. Quassowski)                1.    Dismisses the action;
— application for annulment of the Commission decision of
29 July 1998 authorising the acquisition by RAG Aktienge-                2.    Orders the parties to bear their own costs.
sellschaft of control of Saarbergwerke AG and Preussag
Anthrazit GmbH (Case No IV/ECSC.1252-RAG/Saarbergwerke                   (1) OJ C 100 of 10.4.1999.
AG/Preussag Anthrazit) — the Court of First Instance (First
Chamber), composed of: B. Vesterdorf, President, M. Vilaras
and N.J. Forwood, Judges; H. Jung, Registrar, has given a
judgment on 31 January 2001, in which it:
1.    Annuls the Commission decision of 29 July 1998 authorising
      the acquisition of control by RAG Aktiengesellschaft of                JUDGMENT OF THE COURT OF FIRST INSTANCE
      Saarbergwerke AG and Preussag Anthrazit GmbH (Case
      No IV/ECSC.1252 — RAG/Saarbergwerke AG/Preussag                                           of 16 January 2001
      Anthrazit);
                                                                         in Joined Cases T-97/99 and T-99/99: Michel Chamier and
2.    Orders the Commission to bear its own costs and to pay the              Eoghan O’Hannrachain v European Parliament (1)
      costs incurred by the applicant other than costs occasioned to
      the applicant by the interventions of RAG Aktiengesellschaft       (Officials — Grade A 1 post — Article 29(2) of the Staff
      and the Federal Republic of Germany;                               Regulations — Notice of vacancy — Manifest error of
                                                                                         assessment — Misuse of powers)
3.    Orders RAG Aktiengesellschaft and the Federal Republic of
      Germany to bear their own costs.                                                             (2001/C 134/37)
                                                                                            (Language of the case: French)
(1) OJ C 358 of 21.11.98.
                                                                         In Joined Cases T-97/99 and T-99/99: Michel Chamier, an
                                                                         official of the European Parliament, residing at Reckange-sur-
                                                                         Mess (Luxembourg), and Eoghan O’Hannrachain, an official of
                                                                         the European Parliament, residing at Cents (Luxembourg),
                                                                         represented by G. Vandersanden and L. Levi, of the Brussels
 ---pagebreak--- C 134/18                EN                      Official Journal of the European Communities                                           5.5.2001
Bar, with an address for service in Luxembourg at the offices                    —    cultural activities; organisation and conducting of shows,
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v                           quizzes and musical events and conducting competitions
European Parliament (Agents: J. Schoo, H. von Hertzen,                                in the entertainment field, with a view to their broadcast-
D. Moore and D. Waelbroeck) — application, first, for                                 ing either at a subsequent time or live on radio or
annulment of the decisions of the Parliament not to appoint the                       television; production of television and radio advertising
applicants to the post of Director-General of the Directorate-                        broadcasts including associated prize game broadcasts;
General for Finance and Financial Control and of the decision                         organising competitions in the entertainment field; organ-
appointing another candidate to that post and, second, for                            ising concerts, theatre events and variety shows, all falling
damages — the Court of First Instance (Fifth Chamber),                                under Class 41;
composed of: R. Garcı́a-Valdecasas, President, and P. Lindh
and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment                 —    management and exploitation of copyright and industrial
on 16 January 2001, in which it:                                                      property rights for others; technical consultancy in the
                                                                                      field of multimedia, interactive television and Pay TV (in
1.    Dismisses the actions;                                                          so far as included in Class 42); computer programming,
                                                                                      including video and computer games, all falling under
2.    Orders the parties to bear their own costs.                                     Class 42;
(1) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999.                       2.    Dismisses the appeal as to the remainder;
                                                                           3.    Orders the parties to bear their own costs.
                                                                           (1) OJ C 246 of 28.8.99.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 31 January 2001
in Case T-135/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
                        Designs) (OHIM) (1)                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
(Community trade mark — Term CINE ACTION — Absol-                                                  of 31 January 2001
ute grounds for refusal — Article 7(1)(c) of Regulation (EC)
                             No 40/94)                                     in Case T-136/99: Taurus-Film GmbH & Co v Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
                          (2001/C 134/38)                                                          Designs) (OHIM) (1)
                   (Language of the case: German)                          (Community trade mark — Term CINE COMEDY —
                                                                           Absolute grounds for refusal — Article 7(1)(c) of Regulation
In Case T-135/99: Taurus-Film GmbH & Co, established                                                  (EC) No 40/94)
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-                                          (2001/C 134/39)
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —                                      (Language of the case: German)
application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 19 March 1999 (Case                    In Case T-136/99: Taurus-Film GmbH & Co, established
R 98/98-3), concerning the registration of the term CINE                   in Unterföhring (Germany), represented by R. Schneider,
ACTION as a Community trade mark — the Court of First                      Rechtsanwalt, Bremen, with an address for service in Luxem-
Instance (Second Chamber), composed of: J. Pirrung, President,             bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,              Office for Harmonisation in the Internal Market (Trade Marks
for the Registrar, has given a judgment on 31 January 2001,                and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
in which it:                                                               application for annulment of the decision of the Third Board
                                                                           of Appeal of the Office for Harmonisation in the Internal
1.    Annuls the decision of the Third Board of Appeal of the Office       Market (Trade Marks and Designs) of 19 March 1999 (Case
      for Harmonisation in the Internal Market (Trade Marks and            R 97/98-3), concerning the registration of the term CINE
      Designs) of 19 March 1999 (Case R 98/98-3) in so far as it           COMEDY as a Community trade mark — the Court of First
      concerns the following services:                                     Instance (Second Chamber), composed of: J. Pirrung, President,
                                                                           A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
      —    allocation and transfer of rights of access for users of        for the Registrar, has given a judgment on 31 January 2001,
           various communication networks, falling under Class 38;         in which it: