CELEX: C2004/035/12
Language: en
Date: 2004-02-07 00:00:00
Title: Judgment of the Court of First Instance of 18 November 2003 in Case T-13/02: Falk-Ulrich von Hoff v European Parliament (Officials — Temporary staff — Installation allowance — Change in place of employment — Default interest)

C 35/8                   EN                          Official Journal of the European Union                                              7.2.2004
      —     the Commission shall pay Mr Chemin the sum of                    (Luxembourg), represented by G. Bounéou and F. Frabetti,
            EUR 29 592 (twenty-nine thousand five hundred and                lawyers, with an address for service in Luxembourg, against
            ninety-two) as compensation for the material damage and          Commission of the European Communities (Agents: J. Currall
            the sum of EUR 1 (one) as compensation for the non-              and C. Berardis-Kayser) — application for the annulment of
            material damage suffered;                                        the decision adopting the definitive staff report of the applicant
                                                                             for the period running from 1 July 1995 to 30 June 1997 —
      —     the Commission shall pay Miss Copes the sum of EUR 1             the Court of First Instance (Fourth Chamber), composed of
            (one) as compensation for the non-material damage                V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; I. Natsin-
            suffered;                                                        as, Administrator, for the Registrar, gave a judgment on
                                                                             5 November 2003, in which it:
      —     the Commission shall pay Mr Mondini the sum of
            EUR 5 000 (five thousand) as compensation for the
            material damage and the sum of EUR 1 (one) as                    1.    Dismisses the application.
            compensation for the non-material damage suffered;
      —     the Commission shall pay Miss Preissler the sum of               2.    Orders the parties to bear their own costs.
            EUR 11 929 (eleven thousand nine hundred and twenty-
            nine) as compensation for the material damage and the
            sum of EUR 1 (one) as compensation for the non-                  (1) OJ C 84 of 6.4.02
            material damage suffered;
      —     the Commission shall pay Mrs Bertolo the sum of EUR 1
            (one) as compensation for the non-material damage
            suffered;
      —     the Commission shall pay Mr Brovelli the sum of EUR 1
            (one) as compensation for the non-material damage
            suffered;                                                            JUDGMENT OF THE COURT OF FIRST INSTANCE
      —     the Commission shall pay Mrs D’Elia the sum of EUR 1
            (one) as compensation for the non-material damage                                      of 18 November 2003
            suffered.
4)    The remainder of the action in Case T-115/01 is dismissed.             in Case T-13/02: Falk-Ulrich von Hoff v European Parlia-
                                                                                                            ment (1)
5)    The Commission shall bear its own costs and pay the costs
      incurred by the applicants in Case T-331/00.
                                                                             (Officials — Temporary staff — Installation allowance —
6)    The Commission shall bear its own costs and pay three-quarters              Change in place of employment — Default interest)
      of the costs incurred by the applicants in Case T-115/01.
7)    The applicants in Case T-115/01 shall bear a quarter of their                                     (2004/C 35/12)
      own costs.
                                                                                                (Language of the case: German)
(1) OJ C 372 of 23.12.00 and OJ C 227 of 11.8.01.
                                                                             In Case T-13/02: Falk-Ulrich von Hoff, a member of the
                                                                             temporary staff of the European Parliament, residing in Berlin-
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  Wittenau (Germany), represented by B. Wägenbaur, lawyer,
                                                                             against European Parliament (Agents: J. de Wachter and
                        of 5 November 2003                                   U. Rösslein) — application for, first, annulment of the decision
                                                                             of the European Parliament of 17 April 2001, refusing to grant
in Case T-326/01: Giorgio Lebedef v Commission of the                        the applicant an installation allowance in connection with the
                    European Communities (1)                                 change in his place of employment and, second, an order that
                                                                             the European Parliament pay to the applicant an installation
(Officials — Staff report — Exercise of activities as staff                  allowance amounting to two months’ basic salary, together
representative and union activities — Action for annulment)                  with interest at 8 % from the date of the application — the
                                                                             Court of First Instance (Fifth Chamber), composed of R. García-
                           (2004/C 35/11)                                    Valdecasas, President, J.D. Cooke and P. Lindh, Judges; I. Natsi-
                                                                             nas, administrator, for the Registrar, gave a judgment on
                     (Language of the case: French)                          18 November 2003, in which it:
In Case T-326/01: Giorgio Lebedef, official of the Commission                1.    Annuls the decision of the Parliament of 17 April 2001
of the European Communities, residing in Senningerberg                             refusing to grant the applicant an installation allowance;
 ---pagebreak--- 7.2.2004                EN                         Official Journal of the European Union                                         C 35/9
2.    Orders the Parliament to pay the applicant the installation          1.    The application is dismissed as inadmissible.
      allowance provided for by Article 5 of Annex VII of the Staff
      Regulations, amounting to two months’ basic salary, together         2.    The applicant shall pay the costs.
      with default interest from 24 January 2002. The interest rate
      to be applied shall be two points higher than the rate fixed by
      the European Central Bank for principal refinancing operations
                                                                           (1) OJ C 169, 13.7.2002.
      applicable during the period concerned.
3.    Orders the Parliament to bear all the costs.
(1) OJ C 97 of 20.4.2002.
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                 of 17 November 2003
                                                                           in Case T-235/02: Strongline A/S v Office for Harmonis-
                                                                           ation in the Internal Market (Trade Marks and Designs)
                                                                                                        (OHIM) (1)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                           (Community trade mark — Opposition procedure — Failure
                                                                           to produce evidence in the language of the opposition
                       of 5 November 2003                                  procedure — Rule 17(2) of Regulation (EC) No 2868/95 —
                                                                                           Action manifestly inadmissible)
in Case T-130/02: Kronoply GmbH & Co. KG v Com-
          mission of the European Communities (1)                                                    (2004/C 35/14)
                                                                                              (Language of the case: English)
(State aid — Multisectorial framework on regional aid for
large investment projects — Application for correction of a
decision declaring aid to be compatible with the common
market — Commission response — Not in the nature of a
   decision — Application for annulment — Inadmissible)                    In Case T-235/02: Strongline A/S, established in Glostrup
                                                                           (Denmark), represented by J.S. Ørndrup, lawyer, against Office
                                                                           for Harmonisation in the Internal Market (Trade Marks and
                           (2004/C 35/13)                                  Designs) (OHIM) (Agent: O. Waelbroek), the intervener before
                                                                           the Court of First Instance being Scala Inc., established in
                                                                           Exton, Pennsylvania (United States of America), represented by
                                                                           R.M. Hiddleston, solicitor — action brought against the
                   (Language of the case: German)                          decision of the First Board of Appeal of the Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
                                                                           Designs) of 27 May 2002 (Case R 830/2001-1) on the refusal
                                                                           of an opposition for failure to substantiate rights based on
                                                                           earlier trade marks — the Court of First Instance (Second
In Case T-130/02: Kronoply GmbH & Co. KG, whose registered                 Chamber), composed of J. Pirrung, President, A.W.H. Meij and
office is in Heiligengrabe, Germany, originally represented by             N.J. Forwood, Judges; H. Jung, Registrar, has made an order on
B. Luther and subsequently by R. Nierer, lawyers, against the              17 November 2003, the operative part of which is as follows:
Commission of the European Communities (Agents: V. Di
Bucci and T. Scharf) — application for annulment of the
alleged decision of the Commission of 5 February 2002 not to               1.    The action is dismissed.
correct its decision of 3 July 2001 relating to the authorisation
of State aid in the sum of DEM 69,3 million to the applicant               2.    The applicant shall pay the costs.
for an investment in Heiligengrabe, Germany — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed, at the time of its deliberation, of V. Tiili, President,         (1) OJ C 233 of 28.9.02.
and J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras,
Judges; H. Jung, Registrar, made an order on 5 November
2003, the operative part of which is as follows: