Judgment of the Civil Service Tribunal (First Chamber) of 23 February 2010 - Faria v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Staff cases - Officials - Reports - Evaluation report - 2006/2007 evaluation period - Application for annulment of the evaluation report - Manifest error of assessment - Compensation for non-material damage)
Language of the case: French
Parties
Applicant: Marie-Hélène Faria (Muchamiel, Spain) (represented by: L. Levi, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero, Agent, assisted by D. Waelbroeck, lawyer)
Re:
Annulment of the evaluation report in respect of the period from 1 October 2006 to 30 September 2007, and an order that the defendant pay compensation for the loss suffered by the applicant.
Operative part of the judgment
The Tribunal:
Annuls Ms Faria's evaluation report, drawn up by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in respect of the period from 1 October 2006 to 30 September 2007;
For the rest, dismisses the action;
Orders OHIM to bear its own costs and to pay three quarters of Ms Faria's costs;
Orders Ms Faria to bear one quarter of her own costs.
____________1 - OJ C 69 of 12.03.2009, p. 55.