CELEX: C2004/007/59
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 22 October 2003 in Case T-311/01: Les Éditions Albert René v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Earlier Community trade mark ASTERIX — Application for a Community figurative mark containing the word "starix" — Relative grounds for refusal — Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94)

10.1.2004              EN                         Official Journal of the European Union                                              C 7/33
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Senningerberg (Luxembourg), represented by G. Bouneou and
                                                                          F. Frabetti, lawyers, with an address for service in Luxembourg,
                       of 22 October 2003                                 against Commission of the European Communities (Agent:
                                                                          D. Martin) — application, first, for annulment of the Com-
in Case T-311/01: Les Éditions Albert René v Office for                   mission’s decisions partially rejecting the applicant’s com-
Harmonisation in the Internal Market (Trade Marks and                     plaints seeking damages to compensate her for the non-
                       Designs) (OHIM) (1)                                material damage caused by the delay in the preparation of the
                                                                          Staff Reports concerning her for the periods 1993/1995,
(Community trade mark — Opposition proceedings —                          1995/1997 and 1997/1999 and, secondly, for damages to
Earlier Community trade mark ASTERIX — Application for                    compensate her for that non-material damage — the Court of
a Community figurative mark containing the word ‘starix’                  First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
— Relative grounds for refusal — Article 8(1)(b) and 8(5)                 for the Registrar, has given a judgment on 23 October 2003,
                 of Regulation (EC) No 40/94)                             in which it:
                          (2004/C 7/59)                                   1.    Orders the Commission to pay the applicant the sum of
                                                                                EUR 2 500, in addition to the sum of EUR 1 500 already
                  (Language of the case: German)                                awarded by the Appointing Authority.
                                                                          2.    Dismisses the remainder of the action.
In Case T-311/01, Les Éditions Albert René, established in
Paris (France), represented by J. Pagenberg, avocat, v Office for         3.    Orders the Commission to pay the costs.
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneid-
                                                                          (1) OJ C 109 of 4.5.2002.
er), the other party to the proceedings before the Board of
Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) being: Trucco sistemi di
telecomunicazione SpA, established in Milan (Italy), APPEAL
against the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 2 October 2001 (Case R 1030/2000-1),
the Court of First Instance (Fourth Chamber), composed                        JUDGMENT OF THE COURT OF FIRST INSTANCE
of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 22 October 2003, in which it:                                                       of 23 October 2003
1.    Dismisses the action.                                               in Case T-25/02: Michel Sautelet v Commission of the
                                                                                             European Communities (1)
2.    Orders the applicant to pay the costs.
                                                                          (Officials — Staff report — Late preparation — Action for
(1) OJ C 56 of 2.3.2002.                                                                            compensation)
                                                                                                    (2004/C 7/61)
                                                                                             (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 23 October 2003
                                                                          In Case T-25/02: Michel Sautelet, an official of the Commission
in Case T-24/02: Maddalena Lebedef-Caponi v Com-                          of the European Communities, residing in Luxembourg (Lux-
          mission of the European Communities (1)                         embourg), represented by G. Bouneou and F. Frabetti, lawyers,
                                                                          with an address for service in Luxembourg, against Com-
(Officials — Staff report — Late preparation — Action for                 mission of the European Communities (Agents: J. Currall and
                          compensation)                                   C. Berardis-Kayser) — application, first, for annulment of
                                                                          the Commission’s decisions partially rejecting the applicant’s
                                                                          complaints seeking damages to compensate him for the non-
                          (2004/C 7/60)                                   material damage caused by the delay in the preparation of the
                                                                          staff reports concerning him for the periods 1993/1995,
                   (Language of the case: French)                         1995/1997 and 1997/1999 and, secondly, for damages to
                                                                          compensate him for that non-material damage — the Court of
                                                                          First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
In Case T-24/02: Maddalena Lebedef-Caponi, an official of                 for the Registrar, has given a judgment on 23 October 2002,
the Commission of the European Communities, residing in                   in which it: