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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.