CELEX: C2002/109/89
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court of First Instance 7 February 2002 in Case T-211/00: Aldo Kuĳer v Council of the European Union (Transparency — Council Decision 93/731/EC on public access to Council documents — Refusal of an application for access — Protection of the public interest — International relations — Manifest error — Partial (access)

C 109/44               EN                     Official Journal of the European Communities                                     4.5.2002
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              represented by J.-N. Louis and V. Peere, lawyers, with an
                                                                         address for service in Luxembourg, against Commission of the
                        7 February 2002                                  European Communities (Agent: J. Currall) — application for
                                                                         annulment of the decision of the Commission of 8 October
in Case T-88/00: Mag Instrument Inc. v Office for Harmon-                1999 fixing, with effect from 16 January 1999, the applicant’s
isation in the Internal Market (Trade Marks and Designs)                 definitive classification in Grade A 7, step 1 — the Court of
                             (OHIM) (1)                                  First Instance (Fourth Chamber), composed of M. Vilaras,
                                                                         President, V. Tiili and P. Lindh, Judges; J. Palacio González,
(Community trade mark — Torch shape — Three-dimen-                       Administrator, for the Registrar, gave a judgment on 31 Janu-
sional mark — Absolute ground for refusal — Distinctive                  ary 2002, in which it:
  character — Article 7(1)(b) of Regulation (EC) No 40/94)
                         (2002/C 109/87)                                 1.    annuls the decision of the Commission of 8 October 1999
                                                                               fixing, with effect from 16 January 1999, the applicant’s
                  (Language of the case: German)                               definitive classification in Grade A 7, step 1.
                                                                         2.    orders the Commission to pay the costs.
In Case T-88/00, Mag Instrument Inc., established in Ontario
(United States of America), represented by A. Nette, W. von
der Osten-Sacken, H. Stratmann, G. Rahn and U. Hocke,
                                                                         (1) OJ 2000 C 285.
lawyers, with an address for service in Luxembourg v Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (agents: A. von Mühlendahl, E. Joly and
S. Bonne): Action brought against the decision of the Second
Board of Appeal of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 14 February
2000 (Cases R-237/1999-2 to R-241/1999-2) refusing regis-
tration of five three-dimensional trade marks consisting of
torch shapes, Court of First Instance (Fourth Chamber),
composed of: P. Mengozzi, President, V. Tiili and R.M. Moura
Ramos, Judges; D. Christensen, Administrator, Registrar, has                 JUDGMENT OF THE COURT OF FIRST INSTANCE
given a judgment on 7 February 2002, in which it:
                                                                                                    7 February 2002
1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
                                                                         in Case T-211/00: Aldo Kuijer v Council of the European
                                                                                                          Union (1)
(1) OJ C 163 of 10.6.2000.
                                                                         (Transparency — Council Decision 93/731/EC on public
                                                                         access to Council documents — Refusal of an application for
                                                                         access — Protection of the public interest — International
                                                                                  relations — Manifest error — Partial (access)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 31 January 2002                                                            (2002/C 109/89)
in Case T-206/00: Merja Hult v the Commission of the
                   European Communities (1)                                                   (Language of the case: English)
(Officials — Classification — Statement of reasons —
Article 32 of the Staff Regulations — Commission decision
on the criteria applicable to appointment to grade and                   In Case T-211/00, Aldo Kuijer, residing in Utrecht (Nether-
classification in step on recruitment — Additional seniority             lands), represented by O.W. Brouwer and T. Janssens, lawyers,
    in grade — Conditions — Principle of legal certainty)                with an address for service in Luxembourg, v Council of the
                                                                         European Union (agents: M. Bauer and M. Bishop): Application
                         (2002/C 109/88)                                 for annulment of the Council’s decision notified to the
                                                                         applicant by letter of 7 June 2000 refusing him access to
                   (Language of the case: French)                        certain documents from the Centre for Information, Discussion
                                                                         and Exchange on Asylum (‘CIREA’) which were requested
                                                                         under Council Decision 93/731/EC of 20 December 1993 on
In Case T-206/00: Merja Hult, an official of the Commission of           public access to Council documents (OJ 1993 L 340, p. 43),
the European Communities, residing in Howald (Luxembourg),               Court of First Instance (Fourth Chamber), composed of:
 ---pagebreak--- 4.5.2002                EN                     Official Journal of the European Communities                                          C 109/45
P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges;            composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
J. Plingers, Administrator, Registrar, has given a judgment on            Judges; J. Plingers, administrator, for the Registrar, gave a
7 February 2002, in which it:                                             judgment on 23 January 2002, in which it:
                                                                          1.   Annuls the decision of 18 July 2000 of the Secretary-General
1.    Annuls the Council’s decision of 5 June 2000 refusing the
                                                                               of the Parliament terminating the applicant’s secondment in the
      applicant access to certain reports drawn up by the Centre for
                                                                               interests of the service to the political group EDD and
      Information, Discussion and Exchange on Asylum, to certain
                                                                               reinstating him in the Directorate-General for Information and
      reports of joint missions or reports of missions undertaken by
                                                                               Public relations with effect from 15 July 2000;
      Member States sent to the Centre, and to information contained
      in the list of persons responsible in the Member States for
                                                                          2.   Orders the Parliament to pay the applicant a sum corresponding
      asylum applications to which access is permitted in certain
                                                                               to the difference between the remuneration which he should
      Member States, with the exception of those persons’ telephone
      and fax numbers;                                                         have received as an official on secondment in Grade A2, Step 1,
                                                                               and that which he received following his reinstatement in
                                                                               Grade LA5, Step 3, for the period 15 July 2000 to
2.    Orders the Council to pay the applicant’s costs and to bear its          30 November 2000, plus default interest at the rate of 5,25 %
      own costs.                                                               from the date on which the amounts making up the sum
                                                                               referred to in paragraph 149 were payable until the date of
                                                                               actual payment;
(1) OJ C 316 of 4.11.2000.
                                                                          3.   Declares the action for damages inadmissible in so far as the
                                                                               applicant seeks compensation for the harm caused by the
                                                                               conduct, not involving the taking of decisions, of the EDD
                                                                               group and certain of its members;
                                                                          4.   Orders the Parliament to pay the applicant the sum of 1 euro
                                                                               by way of symbolic damages for the non-pecuniary harm
                                                                               sustained as a result of the adoption of the contested decision;
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               5.   Orders the Parliament to pay all the costs of the main
                                                                               proceedings;
                        of 23 January 2002
                                                                          6.   Orders the parties to bear their own costs in the interlocutory
                                                                               proceedings.
in Case T-237/00 Patrick Reynolds v European Parlia-
                               ment (1)
                                                                          (1) OJ C 302, 21.10.2000.
(Officials — Secondment in the interests of the service —
Article 38 of the Staff Regulations Po — litical group —
Early termination of secondment — Rights of the defence —
         Non-contractual liability of the Community)
                         (2002/C 109/90)                                        ORDER OF THE COURT OF FIRST INSTANCE
                    (Language of the case: French)                                             of 11 December 2001
                                                                          in Case T-99/97: Willem Stols v Council of the European
                                                                                                        Union (1)
In Case T-237/00: Patrick Reynolds, an official of the European
Parliament, residing in Brussels, represented by P. Legros                (Officials — Application for reclassification in grade —
and S. Rodrigues, lawyers, with an address for service in                 Objection of inadmissibility — Material new fact —
Luxembourg, against European Parliament (Agents: H. von                                              Admissibility)
Hertzen and D. Moore) — application for, first, annulment of
the decision of 18 July 2000 of the Secretary-General of the
Parliament terminating the applicant’s secondment in the                                           (2002/C 109/91)
interests of the service to the political group ‘Europe of
Democracies and Diversities’ and reinstating him in the                                      (Language of the case: French)
directorate-General for Information and public Relations and,
second, damages in respect of the harm sustained by the
applicant as a result of the adoption of that decision by the
defendant and of the acts of the political group and certain of           In Case T-99/97: Willem Stols, an official of the Council of the
its members — the Court of First Instance (Third Chamber),                European Union, residing at SE Halsteren (Netherlands),