CELEX: C1999/281/26
Language: en
Date: 1999-10-02 00:00:00
Title: Judgment of the Court of First Instance of 19 July 1999 in Case T-20/98: Q v Council of the European Union (Officials - Actions for annulment - Recovery of sums overpaid - Article 23 of Annex X to the Staff Regulations)

C 281/14              EN                       Official Journal of the European Communities                                     2.10.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               decision refusing to grant the applicant the benefits provided
                                                                          for by the Staff Regulations of officials in respect of partial
                         of 19 July 1999                                  permanent invalidity resulting from an accident suffered by
                                                                          him when he was contractually bound to the institution as an
                                                                          outside contractor and, in the alternative, for damages — the
  in Case T-20/98: Q v Council of the European Union (1)                  Court of First Instance (Third Chamber), composed of M. Jae-
                                                                          ger, President, and K. Lenaerts and J. Azizi, Judges; A. Mair,
(Officials — Actions for annulment — Recovery of sums                     Administrator, for the Registrar, has given a judgment on
overpaid — Article 23 of Annex X to the Staff Regulations)                19 July 1999, in which it:
                                                                          1. Dismisses the application;
                        (1999/C 281/26)
                                                                          2. Orders the parties to bear their own costs.
                   (Language of the case: French)
                                                                          (1) OJ C 209 of 4.7.1998.
In Case T-20/98: Q, an official of the Council of the European
Union, represented by Jean-Noël Louis, Ariane Tornel and
Françoise Parmentier, of the Brussels Bar, with an address for
service in Luxembourg at Fiduciaire Myson S.à r.l., 30 Rue de
Cessange, against Council of the European Union (Agents:
Martin Bauer and Denis Waelbroeck) — application for
annulment of the decisions of the Council of 12 March and
13 June 1997 ordering the applicant to repay sums overpaid                    JUDGMENT OF THE COURT OF FIRST INSTANCE
by way of accommodation expenses to which are entitled
members of staff posted to non-Member States — the Court                                            of 8 July 1999
of First Instance (First Chamber), composed of B. Vesterdorf,
President, J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar,         in Case T-163/98: The Procter & Gamble Company v
gave a judgment on 19 July 1999, in which it:                             Office for Harmonisation in the Internal Market (Trade
                                                                                               Marks and Designs) (1)
1. Dismisses the application.
                                                                          (Community mark — Term ‘Baby-Dry’ — Absolute ground
2. Orders the parties to bear their own costs.
                                                                          for refusal — Extent of review by the Boards of Appeal —
                                                                                  Extent of review by the Court of First Instance)
(1) OJ 1998 C 94.
                                                                                                   (1999/C 281/28)
                                                                                             (Language of the case: French)
                                                                          In Case T-163/98: The Procter & Gamble Company, having its
                                                                          registered office at Cincinnati, Ohio (United States of America),
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               represented by Thierry van Innis, of the Brussels Bar, with an
                                                                          address for service in Luxembourg at the Chambers of
                         of 19 July 1999                                  Katia Manhaeve, 56-58 rue Charles Martel v Office for
                                                                          Harmonisation in the Internal Market (Trade Marks and
in Case T-74/98: Luciano Mammarella v Commission of                       Designs) (Agents: Oreste Montalto and Fernando López de
                 the European Communities (1)                             Rego) — appeal against the decision of the First Board of
                                                                          Appeal of the Office for Harmonisation in the Internal
                                                                          Market (Trade Marks and Designs) of 31 July 1998 (Case R
(Official — Social security — Invalidity pension — Outside                35/1998-1), which was notified to the applicant on 7 August
contractor bound by contract to the institution — Works                   1998 — the Court of First Instance (Second Chamber),
                contract systematically renewed)                          composed of: A. Potocki, President, C.W. Bellamy and
                                                                          A.W.H. Meij, Judges; H. Jung, Registrar, has given a judgment
                        (1999/C 281/27)                                   on 8 July 1999, in which it held:
                                                                          1. The decision of the First Board of Appeal of the Office for
                   (Language of the case: Italian)                             Harmonisation in the Internal Market (Trade Marks and
                                                                               Designs) of 31 July 1998 (Case R 35/1998-1) is annulled.
In Case T-74/98: Luciano Mammarella, an official of the
                                                                          2. The parties shall bear their own costs.
Commission, residing at Biandronno (Italy), represented by
Giuseppe Marchesini, of the Vicenza Bar, with an address for
service in Luxembourg at the Chambers of Ernest Arendt,                   (1) OJ C 1 of 4.1.1999.
8-10 Rue Mathias Hardt, v Commission of the European
Communities (Agents: Gianluigi Valsesia and Alberto Dal
Ferro) — application for annulment of the Commission’s