CELEX: C2003/304/48
Language: en
Date: 2003-12-13 00:00:00
Title: Judgment of the Court of First Instance of 18 September 2003 in Case T-241/02: Daniel Callebaut v Commission of the European Communities (Officials — Article 45 of the Staff Regulations — Promotion — Comparative examination of merits)

C 304/26               EN                          Official Journal of the European Union                                       13.12.2003
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 14 October 2003
                     of 23 September 2003
                                                                           in Case T-174/02: Micole Wieme v Commission of the
                                                                                              European Communities (1)
in Case T-308/01: Henkel KGaA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)                     (Officials — Vacancy notice — Assessment of the candi-
                            (OHIM) (1)                                     dates’ merits — Manifest error of assessment — Abuse of
                                                                                                         power)
                                                                                                     (2003/C 304/47)
(Community trade mark — Regulation (EC) No 40/94 and
Regulation (EC) No 2868/95 — Opposition procedure —
Genuine use of earlier mark — Scope of the examination                                         (Language of the case: French)
conducted by the Board of Appeal — Assessment of the
evidence produced in the procedure before the Opposition
                             Division)                                     In Case T-174/02: Micole Wieme, an official of the Com-
                                                                           mission of the European Communities, represented by É. Boi-
                                                                           gelot, lawyer, with an address for service in Luxembourg,
                         (2003/C 304/46)                                   against Commission of the European Communities (Agents:
                                                                           J. Currall, H. Tserepa-Lacombe and D. Waelbroeck) — appli-
                                                                           cation for annulment of the Commission Decision of 13 July
                                                                           2001 rejecting the applicant’s application for the post of head
                   (Language of the case: English)                         of unit ‘Legal affairs and control of enforcement of Community
                                                                           provisions’ of the ‘General Matters’ Directorate of the Taxation
                                                                           and Customs Union Directorate General — the Court of First
                                                                           Instance (Fifth Chamber), composed of R. García-Valdecasas,
                                                                           President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,
                                                                           Principal Administrator, for the Registrar, has given a judgment
In Case T-308/01, Henkel KGaA, established in Düsseldorf                   on 14 October 2003, in which it:
(Germany), represented by C. Osterrieth, lawyer, with an
address for service in Luxembourg, v Office for Harmonisation              1.    Dismisses the action;
in the Internal Market (Trade Marks and Designs) (OHIM)
(Agent: O. Waelbroeck), the other party to the proceedings                 2.    Order each party to bear its own costs.
before the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) being: LHS (UK) Ltd, established in
Cheadle Hulme (United Kingdom): Appeal against the decision                (1) OJ C 180 of 27.7.2002.
of the Third Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 12 September
2001 (Case R-738/2000-3) concerning opposition proceed-
ings between Henkel KGaA and LHS (UK) Ltd, the Court of
First Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; D. Christensen,
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
Administrator, for the Registrar, has given a judgment on
23 September 2003, in which it:
                                                                                                 of 18 September 2003
                                                                           in Case T-241/02: Daniel Callebaut v Commission of the
1.    Annuls the decision of the Third Board of Appeal of the Office
                                                                                              European Communities (1)
      for Harmonisation in the Internal Market (Trade Marks and
      Designs) of 12 September 2001 (Case R-738/2000-3);
                                                                           (Officials — Article 45 of the Staff Regulations — Pro-
                                                                                   motion — Comparative examination of merits)
2.    Orders the Office for Harmonisation in the Internal Market
      (Trade Marks and Designs) to pay the costs.                                                    (2003/C 304/48)
                                                                                               (Language of the case: French)
(1) OJ C 68 of 16.3.2002.
                                                                           In Case T-241/02: Daniel Callbaut, an official of the European
                                                                           Communities, residing in Mondorf-les-Bains (Luxembourg),
                                                                           represented by A. Coolen, J.-N. Louis and É. Marchal, lawyers,
 ---pagebreak--- 13.12.2003              EN                         Official Journal of the European Union                                          C 304/27
with an address for service in Luxembourg, against Com-                    (agent: L. Fraguas Gardea), Sogecable SA, established in Madrid,
mission of the European Communities (Agents: C. Berardis-                  represented by S. Martinez Lage and H. Brokelmann, lawyers,
Kayser and F. Clotuche-Duvieusart) — application for annul-                DTS Distribuidora de Televisión Digital SA (Vía Digital),
ment of the Commission’s decision refusing to enter the                    established in Madrid, and Telefónica de Contenidos SAU,
applicant on the list of officials deemed most deserving of                established in Madrid, represented by M. Merola and S. Moreno
promotion to Grade B 2 for the 2001 promotion procedure                    Sánchez, lawyers, application for annulment of the Com-
and also the decision not to promote him — the Court of First              mission decision of 14 August 2002 referring the examination
Instance (Third Chamber), composed of K. Lenaerts, President,              of the concentration integrating DTS Distribuidora de Tele-
and J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, gave a             visión Digital SA (Via Digital) and Sogecable SA to the Spanish
judgment on 18 September 2003, the operative part of which                 competition authorities in accordance with Article 9 of Council
is as follows:                                                             Regulation (EEC) No 4064/89 of 21 December 1989 on the
                                                                           control of concentrations between undertakings (Case COMP/
1.    The application is dismissed;                                        M.2845 — Sogecable/Canalsatélite Digital/Vía Digital), the
                                                                           Court of Justice (Third Chamber), composed of A. Lenaerts,
                                                                           President, and J. Azizi and M. Jaeger, judges: Registrar: J. Palacio
2.    The parties shall bear their own costs.
                                                                           González, Principal Administrator, has delivered a judgment
                                                                           on 30 September 2003 in which it:
(1) OJ C 247 of 12.10.2002.
                                                                           (1) Joins Cases T-346/02 and T-347/02 for the purposes of the
                                                                                judgment;
                                                                           (2) Dismisses the applications;
                                                                           (3) Orders the applicants to bear their own costs and jointly and
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     severally to pay the costs of the Commission, Sogecable, Vía
                                                                                Digital and Telefónica de Contenidos in connection with the
                     of 30 September 2003                                       applicants’ actions;
                                                                           (4) Orders the Kingdom of Spain to bear its own costs.
in Joined Cases T-346/02 and T-347/02, Cableuropa SA
and others v Commission of the European Communi-
                                ties (1)                                   (1) OJ C 19 of 24.1.2003.
(Competition — Control of concentrations between under-
takings — Regulation (EEC) No 4064/89 — Decision to
refer a concentration to the national authorities — Meaning
                         of distinct market)
                          (2003/C 304/49)
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
                   (Language of the case: Spanish)
                                                                                                of 17 September 2003
                                                                           in Case T-310/97: Nederlandse Antillen v Council of the
In Joined Cases T-346/02 and T-347/02, Cableuropa SA,                                             European Union (1)
established in Madrid (Spain), Región de Murcia de Cable SA,
established in Murcia (Spain), Valencia de Cable SA, established
in Madrid, Mediterránea Sur Sistemas de Cable SA, established              (Association of the overseas countries and territories —
in Alicante (Spain), Mediterránea Norte Sistemas de Cable SA,              Decision 97/803/EC — Action for annulment — Inadmissi-
established in Castellón (Spain), represented by L. Castresana                                            bility)
Sánchez and G. Samaniego Bordiu, lawyers, with an address
for service in Luxembourg, Aunacable SA, established in                                              (2003/C 304/50)
Madrid, represented by A. Creus Carreras and N. Lacalle
Mangas, lawyers, Sociedad Operadora de Telecomunicaciones
de Castilla y León (Retecal) SA, established in Boecilli (Spain),                             (Language of the case: English)
Euskaltel SA, established in Zamudio-Bizkaia (Spain), Telecable
de Avilés SA, established in Avilés (Spain), Telecable de Ovieda
SA, established in Oviedo (Spain), Telecable de Gijón SA,
established in Gijón (Spain), R. Cable y Telecomunicaciones                In Case T-310/97, Nederlandse Antillen, represented by
Galicia SA, established in La Coruña (Spain), Tenaria SA,                  P.V.F. Bos and M. Slotboom, lawyers, with an address for
established in Cordovilla (Spain), represented by J. Jiménez               service in Luxembourg, v Council of the European Union
Laiglesia, lawyer, v Commission of the European Communites                 (Agents: J. Huber and G. Houttuin), supported by Commission
(agent: F. Castillo de la Torre), supported by Kingdom of Spain            of the European Communities (Agents: T. van Rijn and