CELEX: C2003/213/56
Language: en
Date: 2003-09-06 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2003 in Case T-22/01 Petros Efthymiou v Commission of the European Communities (Officials — Repayment of mission expenses — Business class air travel)

6.9.2003                 EN                         Official Journal of the European Union                                              C 213/29
2.     Dismisses the remainder of the application;                          Instance (Third Chamber), composed of K. Lenaerts, President,
                                                                            J. Azizi and M. Jaeger, Judges; Registrar: D. Christensen,
                                                                            Administrator, has given a judgment on 8 July 2003, in which
3.     Orders Daesang Corp. and Sewon Europe GmbH to bear their
                                                                            it:
       own costs and, jointly and severally, to pay two thirds of the
       Commission’s costs and orders the Commission to bear one
       third of its own costs.                                              1.     Declared the application to be inadmissible in so far as it seeks
                                                                                   annulment of Decision COMP/ECSC.1336 of 14 September
                                                                                   2000;
( 1) OJ C 316 of 4.11.2000.
                                                                            2.     Declared the application to be admissible but unfounded in so
                                                                                   far as it seeks annulment of Decision COMP/M.2045 of
                                                                                   5 September 2000;
                                                                            3.     Ordered the applicants to bear their own costs and to pay
                                                                                   those incurred by the Commission and by Salzgitter and
                                                                                   Mannesmann.
                                                                            (1 ) OJ No C 61 of 24.2.01.
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                             of 8 July 2003
in Case T-374/00: Verband der freien Rohrwerke eV and
   Others v Commission of the European Communities (1)                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                       of 9 July 2003
(Control of concentrations — Concentration covered partly
by the ECSC Treaty and partly by the EC Treaty — Decision
                                                                            in Case T-22/01 Petros Efthymiou v Commission of the
to authorise on the basis of Article 66(2) CS — Decision
                                                                                                European Communities (1)
declaring compatibility with the common market on the basis
of Article 6(1)(b) of Regulation (EEC) No 4064/89 —
Conditions for admissibility under the ECSC Treaty and the                  (Officials — Repayment of mission expenses — Business
EC Treaty — Relationship between the rules on control of                                               class air travel)
concentrations laid down in the ECSC Treaty and the EC
   Treaty — Duty to state reasons — Erroneous assessment)                                             (2003/C 213/56)
                           (2003/C 213/55)                                                       (Language of the case: French)
                     (Language of the case: German)
                                                                            In Case T-22/01 Petros Efthymiou, an official of the Com-
                                                                            mission of the European Communities, residing in Luxem-
                                                                            bourg, represented by J.-N. Louis and V. Peere, avocats, with
                                                                            an address for service in Luxembourg, against Commission of
                                                                            the European Communities (Agents: C. Berardis-Kayser and
In Case T-374/00: Verband der freien Rohrwerke eV, estab-
lished in Düsseldorf (Germany), Eisen- und Metallwerke                      H. Tserepa-Lacombe), — application for annulment of the
                                                                            Commission’s decision of 24 March 2000 making three
Ferndorf GmbH, established in Kreuztal-Ferndorf (Germany),
Rudolf Flender GmbH & Co. KG, established in Siegen                         ‘supplementary amendments’ to mission expense accounts and
                                                                            charging to the applicant the sums overclaimed and, in
(Germany), represented by H. Hellmann, lawyer, against Com-
                                                                            addition, a request that the Commission should be ordered to
mission of the European Communities (Agents: W. Mölls and
W. Wils), supported by Mannesmann AG, established in                        repay to the applicant the amounts deducted from his
                                                                            remuneration by way of sums overclaimed, — the Court of
Düsseldorf, represented by K. Moosecker and P. Niggemann,
                                                                            First Instance (Fourth Chamber), composed of V. Tiili, Presi-
lawyers, and by Salzgitter AG, established in Salzgitter
                                                                            dent, and P. Mengozzi and M. Vilaras, Judges; D. Christensen,
(Germany), represented by J. Sedemund and T. Lübbig, lawyers
                                                                            Administrator, for the Registrar, has given a judgment on
— application for annulment of Decision COMP/M.2045
of 5 September 2000 and Decision COMP/ECSC.1336 of                          9 July 2003, in which it:
14 September 2000, by which the Commission authorised, on
the basis of, respectively, Article 6(1)(b) of Regulation (EEC)             1.     Annuls the Commission’s decision of 24 March 2003 making
No 4064/89 and Article 66(2) CS, the acquisition by Salzgitter                     three ‘supplementary amendments’ to mission expense accounts
of control of Mannesmannröhren-Werke — the Court of First                          and charging to the applicant the sums overclaimed inasmuch
 ---pagebreak--- C 213/30                 EN                          Official Journal of the European Union                                       6.9.2003
       as it charges to the applicant, for the mission to the Hague of       President, and P. Mengozzi and M. Vilaras, Judges; J. Plingers,
       12 to 18 August 1999, a sum overclaimed in respect of air             Administrator, for the Registrar, has given a judgment on
       travel costs of BEF 1 921 instead of BEF 1 291;                       25 June 2003, in which it:
2.     Orders the defendant to repay to the applicant the sum of             1.     Dismisses the application;
       EUR 15,62 together with interest to run from 26 June 2000,
       at the rate fixed by the European Central Bank for principal
       refinancing operations applicable for the period in question,         2.     Orders the parties to bear their own costs.
       increased by two points;
3.     Dismisses the remainder of the application;                           (1 ) OJ No C 150 of 19 May 2001.
4.     Orders the defendant to bear its own costs and to pay one-sixth
       of those incurred by the applicant.
( 1) OJ No C 79 of 10 March 2001.
                                                                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                         of 3 July 2003
                                                                             in Case T-122/01: Best Buy Concepts Inc. v Office for
                                                                             Harmonisation in the Internal Market (Trade Marks and
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                                         Designs) (OHIM) ( 1)
                                                                             (Community trade mark — Figurative mark containing the
                           of 25 June 2003                                   word mark ‘best buy’ — Absolute ground for refusal —
                                                                             Distinctive character — Article 7(1)(b) of Regulation (EC)
                                                                                                           No 40/94)
in Case T-72/01 Norman Pyres v Commission of the
                     European Communities ( 1)
                                                                                                        (2003/C 213/58)
(Officials — Internal competition — Exclusion from the oral
                                  test)                                                         (Language of the case: German)
                           (2003/C 213/57)
                                                                             In Case T-122/01, Best Buy Concepts Inc., established in Eden
                                                                             Prairie, Minnesota (United States), represented by S. Rojahn,
                      (Language of the case: French)
                                                                             lawyer, v Office for Harmonisation in the Internal Market
                                                                             (Trade Marks and Designs) (OHIM) (Agent: G. Schneider):
                                                                             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 21 March 2001 (Case
In Case T-72/01 Norman Pyres, a former member of the                         R 44/2000-3) concerning an application for registration of a
temporary staff, residing in Brussels (Belgium), represented by              figurative mark containing the word mark ‘best buy’ as a
G. Vandersanden and L. Levi, avocats, against the Commission                 Community trade mark, the Court of First Instance (Second
of the European Communities (Agent: J. Currall) — application                Chamber), composed of: N.J. Forwood, President, J. Pirrung
for annulment of the decision of the Selection Board in                      and A.W.H. Meij, Judges; D. Christensen, Administrator, for
competition COM/TA/99 excluding the applicant from the                       the Registrar, has given a judgment on 3 July 2003, in which
oral test in the competition and of all subsequent operations                it:
and acts in the competition and, additionally, a claim for
damages for the loss allegedly suffered by the applicant — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,              1.     Dismisses the application;