CELEX: C1995/229/43
Language: en
Date: 1995-09-02 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 19 June 1995 in Case T-107/94: Christina Kik v. Council of the European Union and Commission of the European Communities (Regulation (EC) No 40/94 on the Community trade mark - Languages - Manifest inadmissibility of the action)

No C 229/ 18           EN                  Official Journal of the European Communities                                     2 . 9 . 95
        Removal from the register of Case C-6/95 ( )                  preliminary ruling from the Schleswig-Holsteinisches
                          ( 95/C 229/41 )                             Landessozialgericht ): Aororita Hanßen and Bundesanstalt
                                                                      für Arbeit .
By order of 17 May 1995 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-6/95 ( reference for a                    H OJ No C 54, 4 . 3 . 1995 .
                                                     COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                   ORDER OF THE COURT OF FIRST INSTANCE
                          of 6 July 1995                                                      of 19 June 1995
     in Case T-36/93 : Girish Ojha v. Commission of the               in Case T-107/94 : Christina Kik v. Council of the
                   European Communities f 1 )                         European' Union and Commission of the European
 (Officials — Posting outside the Community —                                                 Communities (*)
Reassignment to the seat of the Commission — Action for                (Regulation (EC) No 40/94 on the Community trade mark
   annulment — Compensation for non-material damage)                     — Languages — Manifest inadmissibility of the action)
                           ( 95/C 229/42 )                                                      ( 95/C 229/43 )
                 (Language of the case: French)                                        (Language of the case: Dutch)
 In Case T-36/93 : Girish Ojha , an official of the Commission
 of the European Communities, residing at Korbeek-Lo                  In Case T-107/94 : Christina Kik, lawyer and trade mark
 ( Belgium ), represented by Jean-Noel Louis, of the Brussels          agent, represented by Goosen L. Kooy, of The Hague Bar,
 Bar, with an address for service in Luxembourg at the office         with an address for service in Luxembourg at the chambers
 of Fiduciaire Myson Sari, 1 Rue Glesener, v. Commission of            of Nicolas Decker, 16 Avenue Marie-Therese, v. Council of
 the European Communities (Agents: Ana Maria Alves                     the European Union ( Agents : Giorgio Maganza and Guus
 Vieira, Joseph Griesmar and Denis Waelbroeck ) —                      Houttuin ) and Commission of the European Communities
 application, first, for the annulment of the decision of the          ( Agent: Pieter Van Nuffel ), supported by Kingdom of Spain
 Commission of 20 October 1992 reassigning the applicant,              ( Agents: Alberto Jose Navarro Gonzalez and Gloria Calvo
 with effect from 1 November 1992, from the Commission's               Diaz ) — application for the annulment of Article 115 of
 delegation in Dacca ( Bangladesh ), where he had been posted          Council Regulation ( EC ) No 40/94 of 20 December 1993 , in
 since August 1991 , to the seat of the Commission in Brussels         that it excludes Dutch as a language of the Office for
 and, second, for an order requiring the Commission to pay             Harmonization in the Internal Market ( trade marks and
 to the applicant the sum of Bfrs 500 000 by way of                    designs ), and for an order prohibiting the adoption of
 compensation for the non-material damage allegedly                    measures enabling the Office to begin its work — the Court
 suffered by him as a result of that decision — the Court of           of First Instance ( First Chamber ), composed of J. L. Cruz
 First Instance ( First Chamber ), composed of J. L. Cruz              Vilaça ( President ) and H. Kirschner and V. Tiili, Judges;
 Vilaça , President, and H. Kirschner and A. Kalogeropoulos,           H. Jung, Registrar, made an order on 19 June 1995 , the
 Judges; H. Jung, Registrar, has given a judgment on 6 July            operative part of which is as follows:
  1995 , in which it:
                                                                        I. the application is dismissed as inadmissible;
  1 . dismisses the application;
                                                                        2 . the applicant is ordered to bear her own costs and to pay
  2 . orders the Commission to bear its own costs and to pay                the costs incurred by the Council and the Commission.
       half of the costs of applicant, who is to bear the other             The intervener is ordered to bear its own costs .
       half.
                                                                        (M OJ No C 120 , 30 . 4 . 1994 .
  (») OJ No C 178 , 30 . 6 . 1993 .