CELEX: C2004/007/61
Language: en
Date: 2004-01-10 00:00:00
Title: Judgment of the Court of First Instance of 23 October 2003 in Case T-25/02: Michel Sautelet v Commission of the European Communities (Officials — Staff report — Late preparation — Action for compensation)

10.1.2004              EN                         Official Journal of the European Union                                              C 7/33
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Senningerberg (Luxembourg), represented by G. Bouneou and
                                                                          F. Frabetti, lawyers, with an address for service in Luxembourg,
                       of 22 October 2003                                 against Commission of the European Communities (Agent:
                                                                          D. Martin) — application, first, for annulment of the Com-
in Case T-311/01: Les Éditions Albert René v Office for                   mission’s decisions partially rejecting the applicant’s com-
Harmonisation in the Internal Market (Trade Marks and                     plaints seeking damages to compensate her for the non-
                       Designs) (OHIM) (1)                                material damage caused by the delay in the preparation of the
                                                                          Staff Reports concerning her for the periods 1993/1995,
(Community trade mark — Opposition proceedings —                          1995/1997 and 1997/1999 and, secondly, for damages to
Earlier Community trade mark ASTERIX — Application for                    compensate her for that non-material damage — the Court of
a Community figurative mark containing the word ‘starix’                  First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
— Relative grounds for refusal — Article 8(1)(b) and 8(5)                 for the Registrar, has given a judgment on 23 October 2003,
                 of Regulation (EC) No 40/94)                             in which it:
                          (2004/C 7/59)                                   1.    Orders the Commission to pay the applicant the sum of
                                                                                EUR 2 500, in addition to the sum of EUR 1 500 already
                  (Language of the case: German)                                awarded by the Appointing Authority.
                                                                          2.    Dismisses the remainder of the action.
In Case T-311/01, Les Éditions Albert René, established in
Paris (France), represented by J. Pagenberg, avocat, v Office for         3.    Orders the Commission to pay the costs.
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: A. von Mühlendahl and G. Schneid-
                                                                          (1) OJ C 109 of 4.5.2002.
er), the other party to the proceedings before the Board of
Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) being: Trucco sistemi di
telecomunicazione SpA, established in Milan (Italy), APPEAL
against the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 2 October 2001 (Case R 1030/2000-1),
the Court of First Instance (Fourth Chamber), composed                        JUDGMENT OF THE COURT OF FIRST INSTANCE
of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 22 October 2003, in which it:                                                       of 23 October 2003
1.    Dismisses the action.                                               in Case T-25/02: Michel Sautelet v Commission of the
                                                                                             European Communities (1)
2.    Orders the applicant to pay the costs.
                                                                          (Officials — Staff report — Late preparation — Action for
(1) OJ C 56 of 2.3.2002.                                                                            compensation)
                                                                                                    (2004/C 7/61)
                                                                                             (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 23 October 2003
                                                                          In Case T-25/02: Michel Sautelet, an official of the Commission
in Case T-24/02: Maddalena Lebedef-Caponi v Com-                          of the European Communities, residing in Luxembourg (Lux-
          mission of the European Communities (1)                         embourg), represented by G. Bouneou and F. Frabetti, lawyers,
                                                                          with an address for service in Luxembourg, against Com-
(Officials — Staff report — Late preparation — Action for                 mission of the European Communities (Agents: J. Currall and
                          compensation)                                   C. Berardis-Kayser) — application, first, for annulment of
                                                                          the Commission’s decisions partially rejecting the applicant’s
                                                                          complaints seeking damages to compensate him for the non-
                          (2004/C 7/60)                                   material damage caused by the delay in the preparation of the
                                                                          staff reports concerning him for the periods 1993/1995,
                   (Language of the case: French)                         1995/1997 and 1997/1999 and, secondly, for damages to
                                                                          compensate him for that non-material damage — the Court of
                                                                          First Instance (Single Judge: V. Tiili); I. Natsinas, Administrator,
In Case T-24/02: Maddalena Lebedef-Caponi, an official of                 for the Registrar, has given a judgment on 23 October 2002,
the Commission of the European Communities, residing in                   in which it:
 ---pagebreak--- C 7/34                  EN                         Official Journal of the European Union                                         10.1.2004
1.    Orders the Commission to pay the applicant the sum of                ORDER OF THE PRESIDENT OF THE COURT OF FIRST
      EUR 3 000, in addition to the sum of EUR 1 500 already                                           INSTANCE
      awarded by the Appointing Authority.
2.    Dismisses the remainder of the action.                                                          of 9 July 2003
3.    Orders the Commission to pay the costs.
                                                                           in Case T-288/02 R: Asian Institute of Technology (AIT) v
                                                                                   Commission of the European Communities
(1) OJ C 118 of 18.5.2002.
                                                                                 (Procedure for interim relief — Urgency — None)
                                                                                                      (2004/C 7/63)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               (Language of the case: French)
                        of 21 October 2003
in Case T-392/02: Solvay Pharmaceuticals BV v Council of
                      the European Union (1)
                                                                           In Case T-288/02 R: Asian Institute of Technology (AIT),
                                                                           established in Pathumthani (Thailand), represented by H. Teis-
(Directive 70/524/EEC — Community authorisation, linked
                                                                           siers du Cros, lawyer, with an address for service in Luxem-
to the person responsible for putting into circulation, of an
                                                                           bourg, against Commission of the European Communities
additive in animal feedingstuff — Transitional rules —
                                                                           (Agents: P.-J. Kuijper and B. Schöfer) — application for
Withdrawal of the authorisation — Action for annulment —
                                                                           suspension of operation of the decision of the Commission of
Admissibility — Conditions for withdrawal — Precautionary
                                                                           22 February 2002 to conclude a research contract with the
principle — Principles of equal treatment, legal certainty,
                                                                           Center for Energy-Environment Research and Development —
              sound administration and good faith)
                                                                           the President of the Court of First Instance made an order on
                                                                           9 July 2002, the operative part of which is as follows:
                            (2004/C 7/62)
                    (Language of the case: French)                         1.    The application for interim relief is dismissed.
                                                                           2.    Costs are reserved.
In Case T-392/02: Solvay Pharmaceuticals BV, established in
Weesp (Netherlands), represented by C. Meijer, F. Herbert and
M. L. Struys, lawyers, with an address for service in Luxem-
bourg, against Council of the European Union (Agents: M. Balta
and M. Ruggery Laderchi), supported by Commission of the
European Communities (Agent: A. Bordes), application for the
annulment of Council Regulation (EC) No 1756/2002 of
23 September 2002 amending Directive 70/524/EEC concern-
ing additives in feedingstuffs as regards withdrawal of the                Action brought on 8 October 2003 by Deutsche Post
authorisation of an additive and amending Commission Regu-                 AG and Securicor Omega Express Limited against the
lation (EC) No 2430/1999 (OJ 2002 L 265, p. 1) — the                               Commission of the European Communities
Court of First Instance (Second Chamber), composed of
N. J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, gave a judgment on 21 October 2003, in                                           (Case T-343/03)
which it:
1.    Dismisses the application.                                                                      (2004/C 7/64)
2.    Orders the applicant to bear his own costs and pay those
      incurred by the Council, including those incurred in the                                (Language of the case: German)
      interlocutory proceedings.
3.    Orders the Commission to bear its own costs, including those
      incurred in the interlocutory proceedings.                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
(1) OJ C 55 of 8.3.2003.                                                   European Communities on 8 October 2003 by Deutsche Post
                                                                           AG, Bonn (Germany) and Securicor Omega Express Limited,
                                                                           Sutton (United Kingdom), represented by T. Lübbig, lawyer.