Translation of "statuer sur un point " (French → English) :

13. The following matters (the ‘Reserved Matters’) can only be adopted by the General Assembly with a two thirds majority of the Members represented and voting at the meeting, provided that the meeting has been called by at least 6 weeks’ notice and that the notice specified the time and place of the meeting and the nature of the Reserved Matters to be transacted:

In those circumstances, the Civil Service Tribunal cannot, without infringing Articles 90 and 91 of the Staff Regulations, adjudicate on whether certain acts complained of in the request for assistance could, taken together, be characterised as maladministration on the part of the institution having given rise to non-pecuniary harm sustained by the applicant and requiring compensation.

(if question 1.1. is answered in the affirmative) Does Article 5(1)(a) of Regulation (EC) No 44/2001 also provide the basis for accessory jurisdiction of the court seised of contractual claims arising from a bond purchase for claims in tort/delict arising from the same bond purchase?

Held: The judgment of the European Civil Service Tribunal (First Chamber) in Case F-52/05 Q v Commission [2008] ECR-SC I-A-1-409 and II-A-1-2235 is set aside in that, at paragraph 2 of the operative part, it orders the Commission to pay to Q damages of EUR 500 and also the sum of EUR 15 000, in so far as that sum is intended to make good the non-pecuniary damage sustained by Q owing to an alleged delay in initiating the administrative investigation, and as, for the purposes of dismissing the remainder of the application at first instance, at paragraph 3 of the operative part, it adjudicates, at paragraphs 147 to 189 of the grounds of the judgment, on ‘the complaint of psychological harassment raised by [Q]’ and ...[+++]states, at paragraph 230 of the grounds of the judgment, that there is no longer any need to rule on the claim for annulment of the 2003 career development reports concerning Q, drawn up for the periods 1 January to 31 October and 1 November to 31 December 2003 respectively.

Held: The judgment of the European Civil Service Tribunal (First Chamber) in Case F-52/05 Q v Commission [2008] ECR-SC I-A-1-409 and II-A-1-2235 is set aside in that, at paragraph 2 of the operative part, it orders the Commission to pay to Q damages of EUR 500 and also the sum of EUR 15 000, in so far as that sum is intended to make good the non-pecuniary damage sustained by Q owing to an alleged delay in initiating the administrative investigation, and as, for the purposes of dismissing the remainder of the application at first instance, at paragraph 3 of the operative part, it adjudicates, at paragraphs 147 to 189 of the grounds of the judgment, on ‘the complaint of psychological harassment raised by [Q]’ and ...[+++]states, at paragraph 230 of the grounds of the judgment, that there is no longer any need to rule on the claim for annulment of the 2003 career development reports concerning Q, drawn up for the periods 1 January to 31 October and 1 November to 31 December 2003 respectively.

OHIM argues that in the judgments under appeal the Court of First Instance did not find it necessary to adjudicate on this point because, even at the date on which the applications for registration were filed, the trade marks in question lacked distinctiveness.