CELEX: C2003/135/41
Language: en
Date: 2003-06-07 00:00:00
Title: Judgment of the Court of First Instance of 9 April 2003 in Case T-155/01: Robert Walton v Commission of the European Communities (Temporary staff — Dismissal for unsatisfactory performance of duties — Action for annulment and for compensation for dismissal)

7.6.2003                 EN                         Official Journal of the European Union                                       C 135/27
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                address for service in Luxembourg, v Office for Harmonisation
                                                                            in the Internal Market (Trade Marks and Designs) (OHIM)
                           of 9 April 2003                                  (Agents: A. von Mühlendahl and O. Waelbroeck): Action
                                                                            brought against the decision of the First Board of Appeal of
in Case T-155/01: Robert Walton v Commission of the                         the Office for Harmonisation in the Internal Market (Trade
                    European Communities ( 1)                               Marks and Designs) of 6 July 2001 (Case R 864/1999-1),
                                                                            relating to opposition proceedings between Durferrit GmbH
(Temporary staff — Dismissal for unsatisfactory perform-                    and Kolene Corporation, the Court of First Instance (Fourth
ance of duties — Action for annulment and for compensation                  Chamber), composed of: M. Vilaras, President, V. Tiili and
                             for dismissal)                                 P. Mengozzi, Judges; D. Christensen, Administrator, for the
                                                                            Registrar, has given a judgment on 9 April 2003, in which it:
                           (2003/C 135/41)
                                                                            1.     Dismisses the action;
                    (Language of the case: English)
                                                                            2.     Orders the applicant to pay the costs.
In Case T-155/01, Robert Walton, a former member of
the temporary staff of the Commission of the European
                                                                            (1 ) OJ C 3 of 5.1.2002.
Communities, residing in Oxford (United Kingdom), represent-
ed by P. Harris, Barrister, v Commission of the European
Communities (Agent: J. Currall): Application principally for
annulment of the letter of 3 October 2000, whereby the
Commission terminated the applicant’s employment as a
member of the temporary staff, and for compensation for
breach of his contract of employment, the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on                        JUDGMENT OF THE COURT OF FIRST INSTANCE
9 April 2003, in which it has ruled:
                                                                                                      of 3 April 2003
1.     The application is dismissed.
2.     The parties shall bear their own costs.                              in Case T-114/02: Babyliss SA v Commission of the
                                                                                                European Communities ( 1)
( 1) OJ C 275 of 29.09.2001.
                                                                            (Competition — Concentrations — Regulation (EEC)
                                                                            No 4064/89 — Action brought by a third party — Admissi-
                                                                            bility — Phase one undertakings — Trade mark licence —
                                                                            Amendments to undertakings — Time-limits — Financial
                                                                            assistance provided by the State — Derisory trade-in price
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            — Serious doubts concerning the compatibility of the
                                                                            concentration with the common market — Absence of
                           of 9 April 2003
                                                                            undertaking with regard to markets posing serious compe-
                                                                                                       tition problems)
in Case T-224/01: Durferrit GmbH v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
                               (OHIM) (1)                                                             (2003/C 135/43)
(Community trade mark — Opposition procedure — Earlier
word mark TUFFTRIDE — Application for Community                                                 (Language of the case: French)
word mark NU-TRIDE — Likelihood of confusion —
Likelihood of association — Trade marks which are contrary
to public policy or to accepted principles of morality —
Article 7(1)(f) and Article 8(1)(b) of Council Regulation                   In Case T-114/02: Babyliss SA, established in Montrouge
                            (EC) No 40/94)                                  (France) represented by J.-P. Gunther, lawyer, supported by De
                                                                            Longhi SpA, established in Trevisso (Italy), represented by
                           (2003/C 135/42)                                  M. Merola, D. Domenicucci and I. van Schendel, lawyers,
                                                                            against Commission of the European Comunities (Agents:
                    (Language of the case: English)                         V. Superti, K. Wiedner and F. Lelièvre), supported by SEB SA,
                                                                            established in Écully (France), represented by D. Voillemot
                                                                            and S. Hautbourg, lawyers — application for annulment of
In Case T-224/01, Durferrit GmbH, established in Mannheim                   Commission Decision D/228078 of 8 January 2002 not to
(Germany), represented by P. Koch Moreno, lawyer, with an                   oppose the concentration between SEB and Moulinex and to