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24.5.

2003 EN Official Journal of the European Union C 124/19

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003
of 19 March 2003
in Case T-273/01: Innova Privat-Akademie GmbH v Com-
mission of the European Communities (1)

in Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios (Community trade mark — Invalidity proceedings — ‘BSS’
Tsarnavas v Commission of the European Communities (1) — Article 51 of Regulation (EC) No 40/94 — Absolute
ground for refusal — Article 7(1)(d) of Regulation No 40/
94 — Distinctive character acquired through use — Articles
7(3) and 51(2) of Regulation No 40/94)
(Officials — Admissibility — Promotion — Consideration
of comparative merits of officials from different services) (2003/C 124/33)

(Language of the case: German)


(2003/C 124/32)

In Case T-273/01: Alcon Inc, formerly Alcon Universal Ltd,


established in Hünenberg (Switzerland), represented by H.
(Language of the case: French) Porter, Solicitor and C. Morcom QC, with an address for
service in Luxembourg, v Commission of the European
Communities (Agents: M. de Pauw and B. Martenczuk: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) of 13 July 2001 (Case R 273/
2000-1), the Court of First Instance (Third Chamber), compo-
In Joined Cases T-188/01, T-189/01 and T-190/01: Vassilios
sed of: R.M. Moura Ramos, President, J. Pirrung and
Tsarnavas, an official of the Commission of the European
Communities, residing in Brussels, represented by N. Lhoëst, A.W.H. Meij, Judges, Registrar: J. Plingers, Administrator, has
given a judgment on 19 March 2003, in which it:
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: D. Martin)
— application for the annulment of the decisions of the 1. Dismisses the application;
Commission not to promote the applicant in the 1998,
1999 and 2000 promotions procedures — the Court of First 2. Orders the applicant to pay the costs.
Instance (First Chamber), composed of B. Vesterdorf, President,
R.M. Moura Ramos and H. Legal, Judges; Blanca Pastor, Deputy (1 ) OJ C 3 of 5.1.2002.
Registrar, gave a judgment on 19 March 2003, in which it:

1. Annuls the decisions of the Commission not to promote


the applicant in the 1998, 1999 and 2000 promotions
procedures; JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 March 2003
2. Dismisses as inadmissible the application in Case T-190/01;
in Case T-293/01: Donatella Ineichein v Commission of
the European Communities (1)
3. Orders the Commission to pay the costs in Cases T-188/01
and T-189/01;
(Temporary staff — Daily subsistence allowance — Place of
recruitment — Evidence)
4. Orders the parties to bear their own costs in Case T-190/01.
(2003/C 124/34)

(Language of the case: French)


( 1) OJ C 317 of 10.11.2001 and C 303 of 27.10.2001.

In Case T-293/01: Donatella Ineichein, member of the tempor-


ary staff of the Commission of the European Communities,
residing in Brussels, represented by M.-A. Lucas, lawyer, against
C 124/20 EN Official Journal of the European Union 24.5.2003

Commission of the European Communities (Agent: J. Currall) 2. Dismisses the remainder of the application as inadmissible.
— application for, first, annulment of the decision of the
Commission of 29 July 2001 fixing the applicant’s place of 3. Orders the Commission to bear, in addition to its own costs,
recruitment at Brussels and refusing to grant her the daily half of the costs incurred by the applicant.
subsistence allowance and, secondly, for an order requiring
the Commission to pay the applicant the amounts correspond- 4. Orders the applicant to bear half of his costs.
ing to her entitlement stemming from her place of recruitment
being fixed at Rome — the Court of First Instance (Single- (1 ) OJ C 180, 27.7.2002.
judge Chamber); Blanca Pastor, Deputy Registrar, gave a
judgment on 5 March 2003, in which it:

1. dismisses the application;

2. orders the parties to bear their own costs. ORDER OF THE COURT OF FIRST INSTANCE

of 20 March 2003
( 1) OJ C 44 of 16.2.2002.
in Case T-76/94: Rendert Jansma v Council of the Euro-
pean Union and Commission of the European Communi-
ties ( 1)

(Action for damages — Non-contractual liability — Milk —


Additional levy — Reference quantity — Producer having
JUDGMENT OF THE COURT OF FIRST INSTANCE entered into a non-marketing undertaking — Sale of the
SLOM holding — Limitation period — No need to adjudi-
cate)
of 13 March 2003
(2003/C 124/36)
in Case T-166/02: José Pedro Pessoa e Costa v Commission
of the European Communities ( 1) (Language of the case: Dutch)

(Officials — Decision to institute disciplinary proceedings


— Decision rejecting a request for transfer to the European In Case T-76/94: Rendert Jansma, residing in Engelbert (Nether-
Monitoring Centre for Drugs and Drug Addiction) lands), represented by E.H. Pijnacker Hordijk and H.J. Bronk-
horst, lawyers, with an address for service in Luxembourg,
against Council of the European Union (Agent: A.-M. Colaert)
(2003/C 124/35)
and Commission of the European Communities (Agents: T. van
Rijn and H.-J. Rabe) — application for compensation under
(Language of the case: French) Article 178 and the second paragraph of Article 215 of the EC
Treaty (now Article 235 EC and the second paragraph of
Article 288 EC) for damage suffered by the applicant as a
result of his having been prevented from marketing milk by
In Case T-166/02: José Pedro Pessoa e Costa, official of the virtue of Council Regulation (EEC) No 857/84 of 31 March
Commission of the European Communities, residing in Lisbon, 1984 adopting general rules for the application of the levy
represented by J.N. Louis, E. Marchal and A. Coolen, lawyers, referred to in Article 5c of Regulation (EEC) No 804/68 in the
with an address for service in Luxembourg, against Com- milk and milk products sector (OJ 1984 L 90, p. 13), as
mission of the European Communities (Agents: J. Currall, F. supplemented by Commission Regulation (EEC) No 1371/84
Clotuche-Duvieusart and D. Waelbroeck) — application for of 16 May 1984 laying down detailed rules for the application
annulment, first, of the decision of the Commission of 3 July of the additional levy referred to in Article 5c of Regulation
2001 to institute disciplinary proceedings against the applicant (EEC) No 804/68 (OJ 1984 L 132, p. 11) — the Court of First
and, second, of its decision of 23 July 2001 rejecting the Instance (First Chamber), composed of B. Vesterdorf, President,
request of the Director of the European Monitoring Centre for R.M. Moura Ramos and H. Legal, Judges; H. Jung, Registrar,
Drugs and Drug Addiction that the applicant be transferred to made an order on 20 March 2003, the operative part of which
that body — the Court of First Instance (Third Chamber), is as follows:
composed of K. Lenaerts, President, J. Azizi and M. Jaeger,
Judges; D. Christensen, Administrator, for the Registrar, has 1. There is no longer any need to adjudicate.
given a judgment on 13 March 2003 in which it:
2. The defendant is to bear its own costs.
1. Annuls the decision of the Commission of 23 July 2001
rejecting the request of the Director of the European Monitoring (1 ) OJ 1994 C 90.
Centre for Drugs and Drug Addiction that the applicant be
transferred to that body.