CELEX: C2000/122/48
Language: en
Date: 2000-04-29 00:00:00
Title: Order of the Court of First Instance of 9 February 2000 in Case T-111/97: Gregorio Valero Jordana and Serge Vadé v Commission of the European Communities (Officials — Request for reclassification in grade — Objection of inadmissibility — Material new fact — Admissibility)

29.4.2000                EN                     Official Journal of the European Communities                                        C 122/33
with an address for service in Luxembourg at the offices of                O. Montaldo, E. Joly and S. Laitinen) — application for annul-
Fiduciaire Myson SARL, 30 Rue de Cessange, v Commission                    ment of the decision of the Third Board of Appeal of the Office
of the European Communities (Agents: C. Berardis-Kayser and                for Harmonisation in the Internal Market (Trade Marks and
D. Waelbroeck) — application for annulment of the list of                  Designs) of 15 March 1999 (Case R 74/1998-3) relating to
officials promoted to grade A 5 and of the list of officials               Community trade mark application No 230680 concerning a
considered to be the most deserving of promotion to that                   representation of soap — the Court of First Instance (Second
grade in the context of the 1998 promotions procedure, in                  Chamber), composed of: J. Pirrung, President, A. Potocki and
that those lists do not include the name of the applicant, and             A.W.H. Meij, Judges; J. Palacio González, Administrator, for
for annulment of the implicit decision rejecting the applicant’s           the Registrar, has given a judgment on 16 February 2000, in
complaint, together with damages — the Court of First                      which it:
Instance (Third Chamber), composed of: K. Lenaerts, President,
and J. Azizi and M. Jaeger, Judges; G. Herzig, Administrator,              1. Annuls the decision of the Third Board of Appeal of the Office
for the Registrar, has given a judgment on 9 February 2000, in                  for Harmonisation in the Internal Market (Trade Marks and
which it:                                                                       Designs) of 15 March 1999 (Case R 74/1998-3);
1. Annuls the Commission’s decision, confirmed by the implicit             2. Orders the Office to bear its own costs and to pay those of the
     decision rejecting the complaint, not to include the applicant’s           applicant.
     name in the list of officials promoted to grade A 5 in the
     context of the 1998 promotions procedure, as published in the
     Administrative Notices of 6 April 1998;                               (1) OJ C 226 of 7.8.1999.
2. Dismisses the remainder of the application;
3. Orders the Commission to pay the costs.
(1) OJ C 121 of 1.5.1999.
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 9 February 2000
                                                                           in Case T-111/97: Gregorio Valero Jordana and Serge
                                                                              Vadé v Commission of the European Communities (1)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                           (Officials — Request for reclassification in grade — Objec-
                                                                           tion of inadmissibility — Material new fact — Admissibility)
                        of 16 February 2000
                                                                                                      (2000/C 122/48)
in Case T-122/99: The Procter & Gamble Company v
Office for Harmonisation in the Internal Market (Trade
                       Marks and Designs) (1)                                                  (Language of the case: Spanish)
(Community trade mark — Soap bar shape — Formal                            In Case T-111/97: Gregorio Valero Jordana and Serge Vadé,
irregularity in an application for registration — Absolute                 officials of the Commission of the European Communities,
grounds for refusal to register — Review by the Board of                   represented by Carlos Amo Quiñones, of the Madrid Bar, with
Appeal of it own motion — Observance of the rights of the                  an address for service in Luxembourg at the Chambers of
defence — Sign consisting exclusively of a shape which                     Emilio de la Guardia, 46 Rue Tony Neumann, v Commission
results from the nature of the goods themselves — Earlier                  of the European Communities (Agent: Julian Currall) —
       registration of the mark in some Member States)                     application for annulment of the Commission’s decisions of
                                                                           27 December 1996 rejecting the applicants’ complaints dated
                          (2000/C 122/47)                                  13 and 17 September 1996 by which they sought a review of
                                                                           their initial classification with a view to obtaining classification
                                                                           in grade A 6 with effect from the date of their recruitment,
                                                                           and of the Commission’s decisions of 1 March 1990 and
                     (Language of the case: French)                        2 June 1992 inasmuch as those decisions fix the applicants’
                                                                           classification in grade A 7 — the Court of First Instance
In Case T-122/99: The Procter & Gamble Company, a company                  (First Chamber), composed of: B. Vesterdorf, President, and
established in Cincinnatti, Ohio, United States of America,                M. Vilaras and N. Forwood, Judges; H. Jung, Registrar, made
represented by T. van Innis, of the Brussels Bar, with an address          an order on 9 February 2000, the operative part of which is as
for service in Luxembourg at the Chambers of K. Manhaeve,                  follows:
56-58 Rue Charles Martel, against Office for Harmonisation
in the Internal Market (Trade Marks and Designs (Agents:                   1. The application is dismissed as inadmissible;
 ---pagebreak--- C 122/34              EN                     Official Journal of the European Communities                                        29.4.2000
2. The parties are to bear their own costs.                                   ORDER OF THE COURT OF FIRST INSTANCE
                                                                                               of 24 February 2000
(1) OJ C 181 of 14.6.1997.
                                                                        in Case T-37/98: Foreign Trade Association (FTA) and
                                                                                 Others v Council of the European Union (1)
                                                                        (Action for annulment — Application signed by a lawyer
                                                                        not authorised to practise before a court of a Member State
                                                                        or of a State which is a party to the European Economic Area
                                                                                          Agreement — Inadmissibility)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                  (2000/C 122/50)
                      of 9 February 2000
in Case T-165/97: Carlos Gómez de la Cruz Talegón v                                       (Language of the case: English)
       Commission of the European Communities (1)
                                                                        In Case T-37/98: Foreign Trade Association (FTA), established
(Officials — Request for reclassification in grade — Objec-             in Brussels, Hypermarché Auchan S.A., established in Croix
tion of inadmissibility — Material new fact — Admissibility)            (France), Karstadt Aktiengesellschaft, established in Essen (Ger-
                                                                        many), Kaufhof Warenhaus AG, established in Cologne (Ger-
                                                                        many), Société Anonyme CIVAD, trading as La Blanche Porte,
                        (2000/C 122/49)                                 established in Tourcoing (France), OttoVersand GmbH & Co.,
                                                                        established in Hamburg (Germany), Quelle-Schickedanz AG
                                                                        & Co., established in Fürth (Germany), Textilimportörerna,
                                                                        established in Stockholm (Sweden) (Agent: U. Schliessner,
                  (Language of the case: Spanish)                       Rechtsanwalt, Düsseldorf, with an address for service in
                                                                        Luxembourg at the Chambers of Arendt and Medernach, 8-10
                                                                        Rue Mathias Hardt) v Council of the European Union (Agents:
In Case T-165/97: Carlos Gómez de la Cruz Talegón, an official        S. Marquardt, H.-J. Rabe and G.M. Berrisch) supported by
of the Commission of the European Communities, represented              Commission of the European Communities (Agents: V. Kreu-
by Vı́ctor Gómez de la Cruz Talegón, of the Malaga Bar (Spain),       schitz and N. Khan) — application for the annulment of
with an address for service in Luxembourg at the Chambers of            Council Regulation (EC) No 2398/97 of 28 November 1997
Consuelo Pérez Anaya, 24 Rue Marguerite de Brabant, v                   imposing a definitive anti-dumping duty on imports of
Commission of the European Communities (Agent: Julian                   cotton-type bed linen originating in Egypt, India and Pakistan
Currall) — application for annulment of the Commission’s                (OJ 1997 L 332, p. 1) — the Court of First Instance (Second
decision of 30 July 1996 rejecting the applicant’s request for a        Chamber), composed of: J. Pirrung, President, J. Azizi, A. Po-
review of his initial classification and of the Commission’s            tocki, M. Jaeger and A.W.H. Meij, Judges; H. Jung, Registrar,
decision of 3 February 1997 rejecting the applicant’s com-              has given an order on 24 February 2000, in which it:
plaint against that decision — the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President, and
M. Vilaras and N. Forwood, Judges; H. Jung, Registrar, made             1. Dismisses the application as inadmissible;
an order on 9 February 2000, the operative part of which is as
follows:
                                                                        2. Orders the applicants to bear their own costs and, jointly and
                                                                            severally, to pay the costs incurred by the Council;
1. The application is dismissed as inadmissible;
                                                                        3. Orders the Commission to bear its own costs.
2. The parties are to bear their own costs.
(1) OJ C 228 of 26.7.1997.                                              (1) OJ C 113 of 11.4.1998.