CELEX: C2001/259/16
Language: en
Date: 2001-09-15 00:00:00
Title: Judgment of the Court of First Instance of 27 June 2001 in Case T-214/00: X v Commission of the European Communities (Officials — Official ordered to pay costs of earlier proceedings — Part of salary withheld by the creditor institution by way of compensation)

C 259/10                EN                     Official Journal of the European Communities                                       15.9.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 20 June 2001                                                            of 27 June 2001
in Case T-146/00 Stefan Ruf and Martin Stier v Office for                 in Case T-214/00: X v Commission of the European
Harmonisation in the Internal Market (Trade Marks and                                               Communities (1)
                        Designs) (OHIM) (1)
                                                                          (Officials — Official ordered to pay costs of earlier proceed-
(Community trade mark — Payment of the application fee                    ings — Part of salary withheld by the creditor institution by
after expiry of the time-limit of one month from filing of the                                   way of compensation)
application for registration — Lapse of the right to be
accorded as a filing date the date when the application was
        lodged — Conditions for restitutio in integrum)
                                                                                                    (2001/C 259/16)
                         (2001/C 259/15)
                                                                                               (Language of the case: French)
                    (Language of the case: German)
                                                                          In Case T-214/00: X, an official of the Commission of the
                                                                          European Communities, residing in Dalheim (Luxembourg),
                                                                          represented by J. Choucroun, lawyer, with an address for
In Case T-146/00 Stefan Ruf, of Ettlingen (Germany), Martin               service in Luxembourg, against Commission of the European
Stier, of Pfinztal (Germany), represented by V. Spitz, A.N. Klin-         Communities (Agents: C. Berardis-Kayser and D. Martin) —
ger and A. Gaul, lawyers, with an address for service in                  application for annulment of the decision of the Commission
Luxembourg, against Office for Harmonisation in the Internal              to withhold part of the applicant’s monthly salary amounting
Market (Trade Marks and Designs) (OHIM) (Agents: A. von                   to LUF 120 000 — the Court of First Instance (Second
Mühlendahl, D. Schennen and E. Joly) — action against the                 Chamber), composed of A.W.H. Meij, President, A. Potocki
decision of the First Board of Appeal of the Office for                   and J. Pirrung, Judges; H. Jung, Registrar, gave a judgment on
Harmonisation in the Internal Market (Trade Marks and                     27 June 2001, in which it:
Designs) of 28 March 2000 (Case R 198/1998-1) dismissing
the applicants’ request for their rights to be re-established by
according their application for registration a filing date of the         1.    Annulled the Commission’s decision to withhold part of the
date when the application was lodged with the Office — the                      applicant’s monthly salary amounting to LUF 120 000.
Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
J. Palacio González, Administrator, for the Registrar, has given
                                                                          2.    Ordered the Commission to repay to the applicant the sum
a judgment on 20 June 2001, in which it:
                                                                                corresponding to two deductions from salary of LUF 60 000,
                                                                                together with interest at the rate of 6.5 % per annum, with
                                                                                effect from the date on which those amounts were withheld and
1.    Dismisses the action;                                                     until actual repayment.
2.    Orders the applicants to pay the costs.                             3.    Ordered the Commission to pay the costs.
(1) OJ C 233 of 12.8.00.                                                  (1) OJ C 316 of 4.11.00.