CELEX: C2000/316/45
Language: en
Date: 2000-11-04 00:00:00
Title: Order of the Court of First Instance of 11 July 2000 in Case T-268/99: Fédération Nationale d'Agriculture Biologique des Régions de France (FNAB) and Others v Council of the European Union (Action for annulment — Council Regulation (EC) No 1804/1999 — Temporary derogation in favour of existing trade marks — Inadmissibility)

4.11.2000               EN                     Official Journal of the European Communities                                        C 316/23
1.    Dismisses the application;                                                ORDER OF THE COURT OF FIRST INSTANCE
2.    Orders the applicant to bear its own costs, and pay the costs                                of 7 August 2000
      incurred by the defendant.
                                                                          in Case T-159/99: Bjarne Christiansen against the Court
                                                                                                      of Auditors (1)
(1) OJ C 86 of 27.3.1999.                                                 (Officials — Request for retirement on grounds of invalidity
                                                                          — Absence of positive medical developments — Action
                                                                          manifestly unfounded in law — Action manifestly inadmis-
                                                                                                           sible)
                                                                                                    (2000/C 316/44)
                                                                                              (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                          In Case T-159/99: Bjarne Christiansen, temporary official of
                                                                          the Court of Auditors of the European Communities, residing
                      of 20 September 2000                                at Nittel (Germany), represented by Alain Lorang, of the
                                                                          Luxembourg Bar, with an address for service in Luxembourg
                                                                          at his Chambers, 51 Rue Albert 1er against Court of Auditors
in Case T-220/99: Joachim Behmer v the European Parlia-                   of the European Communities (Agents: J.-M. Stenier, J. Inghel-
                               ment (1)                                   ram and P. Giusta) — application for annulment of the
                                                                          decision of the Court of Auditors refusing to retire him on
(Officials — Appointment on promotion — Grade LA 3 —                      ground of total permanent invalidity — the Court of First
           Consideration of the comparative merits)                       Instance (Third Chamber), composed of K. Lenaerts, President,
                                                                          J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, made an order
                                                                          on 7 August 2000 the operative part of which is as follows:
                          (2000/C 316/43)
                                                                          1.    The action is dismissed in part as manifestly inadmissible and
                                                                                as manifestly unfounded in law.
                    (Language of the case: French)
                                                                          2.    Each party is to bear its own costs.
In Case T-220/99: Joachim Behmer, official of the European
                                                                          (1) OJ 1999 C 281.
Parliament, represented by Jean-Noël Louis, Greta-Françoise
Parmentier and Véronique Peere, of the Brussels Bar, with an
address for service in Luxembourg at the offices of Gestion
Fiduciaire SARL, 2-4 Rue Beck, against European Parliament
(Agents: H. von Hertzen and J. Sant’Anna) — application for
the annulment of the decision of 7 January 1999, first, in so
far as it appoints Ms. Dhyvert to the post of Depute Head of
Division of the German Translation Division at the European                     ORDER OF THE COURT OF FIRST INSTANCE
Parliament and, secondly, in so far as it rejects the applicant’s
candidature for the post — the Court of First Instance (Fourth                                       of 11 July 2000
Chamber), composed of V. Tiili, President, R.M. Moura Ramos
and P. Mengozzi, Judges; J. Palacio González, Administrator,
for the Registrar, gave a judgment on 20 September 2000, in               in Case T-268/99: Fédération Nationale d’Agriculture
which it:                                                                 Biologique des Régions de France (FNAB) and Others v
                                                                                        Council of the European Union (1)
1.    dismisses the application;                                          (Action for annulment — Council Regulation (EC)
                                                                          No 1804/1999 — Temporary derogation in favour of exist-
2.    orders each party to bear its own costs.                                          ing trade marks — Inadmissibility)
                                                                                                    (2000/C 316/45)
(1) OJ C 6 of 8.1.2000.
                                                                                              (Language of the case: French)
                                                                          In Case T-268/99: Fédération Nationale d’Agriculture Biolo-
                                                                          gique des Régions de France (FNAB), established in Paris,
 ---pagebreak--- C 316/24                EN                       Official Journal of the European Communities                                        4.11.2000
Syndicat Européen des Transformateurs et Distributeurs de                   taken by the Commission in a letter of 21 January 2000
Produits de l’Agriculture Biologique (Setrab), established in               addressed to the applicant’s legal adviser, the Court of First
Paris, and Est Distribution Biogram SARL, established at                    Instance (Fourth Chamber), composed of V. Tiili, President,
Château-Salins (France), represented by D. Leermakers, of the               R.M. Moura Ramos and P. Mengozzi, Judges; H. Jung, Registrar,
Brussels and Luxembourg Bars, and C. Hatton, Solicitor, with                has made an order on 11 July 2000, in which it:
an address for service in Luxembourg at the Chambers of
Messrs De Meester and Oostvogels, 5 Place du Théâtre, v                     1.    Dismisses the action as manifestly inadmissible.
Council of the European Union (Agents: F. Anton and J. Mon-
teiro) — application for partial annulment of Council Regu-                 2.    Orders the applicant to pay the costs and to reimburse the
lation (EC) No 1804/1999 of 19 July 1999 supplementing                            Commission all the expenses which the latter has incurred in
Regulation (EEC) No 2092/91 on organic production of                              dealing with the applicant’s requests which gave rise to that
agricultural products and indications referring thereto on                        action and which form its subject-matter.
agricultural products and foodstuffs to include livestock pro-
duction (OJ 1999 L 222, p. 1) — the Court of First Instance
(Third Chamber), composed of: K. Lenaerts, President, and                   (1) OJ C 135 of 13.05.2000.
J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, made an order
on 11 July 2000, the operative part of which is as follows:
1.    The action is dismissed as inadmissible.
2.    There is no need to rule on the applications of the Commission,
      of Danone SA, of Compagnie Gervais Danone, of CLESA SA                      ORDER OF THE COURT OF FIRST INSTANCE
      and of SKW Biosystems GmbH for leave to intervene.
3.    The applicants are to bear their own costs and to pay the costs                                  of 31 July 2000
      incurred by the Council.
                                                                            in Case T-43/00: Javier Martı́nez Lara and Milva Urbán
4.    The Commission, Danone SA, Compagnie Gervais Danone,                            Penón v Council of the European Union (1)
      CLESA SA and SKW Biosystems GmbH, as applicants for
      leave to intervene, are to bear their own costs.                      (Officials — Time-limit for lodging complaints — Appli-
                                                                                             cation manifestly inadmissible)
(1) OJ C 102 of 8.4.2000.
                                                                                                      (2000/C 316/47)
                                                                                                (Language of the case: French)
                                                                            In Case T-43/00: Javier Martı́nez Lara and Milva Urbán Penón,
                                                                            officials of the Council of the European Union, residing in
                                                                            Brussels, represented by Jean-Noël Louis, Greta-Françoise
      ORDER OF THE COURT OF FIRST INSTANCE                                  Parmentier and Véronique Peere, of the Brussels Bar, with an
                                                                            address for service in Luxembourg at the offices of the Société
                                                                            de Gestion Fiduciaire SARL, 2-4 Rue Beck, against Council of
                            of 11 July 2000                                 the European Union (Agents: F. Anton and M. Dollfus) —
                                                                            application for the annulment, first, of the decisions of
in Case T-35/00 Anthony Goldstein v Commission of the                       27 November 1998 of the selection board for internal Council
                    European Communities (1)                                competition B/260 not to include the applicants on the list of
                                                                            successful candidates and, secondly, the decision of the
                                                                            Secretary General of the Council of 28 July 1999 not to
     (Action for annulment — Manifest inadmissibility)                      redefine the competition — the Court of First Instance (Third
                                                                            Chamber), composed of K. Lenaerts, President J. Azizi and
                                                                            M. Jaeger, Judges; H. Jung, Registrar, made an order on 31 July
                           (2000/C 316/46)                                  2000, the operative part of which is as follows:
                                                                            1.    The application is dismissed as manifestly inadmissible.
                    (Language of the case: English)
                                                                            2.    The parties shall each bear their own costs.
In Case T-35/00 Anthony Goldstein, residing at Harrow,
Middlesex (United Kingdom), represented by R. St John                       (1) OJ 122 C 29.4.2000.
Murphy, Solicitor, 3 King’s Bench Walk, Inner Temple, Lon-
don, v Commission of the European Communities (Agent:
R. Lyal), application for annulment of the decision allegedly