# C_2014431EN.01003301.xml

| 1.12.2014 | EN | Official Journal of the European Union | C 431/33 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

C 431/33

---

Appeal brought on 16 September 2014 by Rhys Morgan against the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13, Morgan v OHIM

(Case T-683/14 P)

(2014/C 431/56)

Language of the case: English

Parties

Parties

Appellant: Rhys Morgan (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Appellant:

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings

Form of order sought by the appellant

Form of order sought by the appellant

The appellant claims that the Court should:

| — | annul the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13; |
| --- | --- |

—

annul the judgment of the Civil Service Tribunal of 8 July 2014 in Case F-26/13;

| — | annul the Appraisal Report issued to the appellant in respect of the period from 1 October 2010 to 30 September 2011; |
| --- | --- |

—

annul the Appraisal Report issued to the appellant in respect of the period from 1 October 2010 to 30 September 2011;

| — | order OHIM to pay an adequate compensation in the discretion of the Court — not below an amount EUR 500 — to the appellant for the moral and immaterial damages suffered by the appellant as a result of the aforesaid Appraisal Report; |
| --- | --- |

—

order OHIM to pay an adequate compensation in the discretion of the Court — not below an amount EUR 500 — to the appellant for the moral and immaterial damages suffered by the appellant as a result of the aforesaid Appraisal Report;

| — | order OHIM to pay the costs as regards the proceedings in the Civil Service Tribunal and in the General Court. |
| --- | --- |

—

order OHIM to pay the costs as regards the proceedings in the Civil Service Tribunal and in the General Court.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the appeal, the appellant relies on five pleas in law.

| 1. | First plea in law, alleging that the Civil Service Tribunal erred in failing to recognize that a general assessment must be based on the official’s performance during the appraisal period as a whole. |
| --- | --- |

1.

First plea in law, alleging that the Civil Service Tribunal erred in failing to recognize that a general assessment must be based on the official’s performance during the appraisal period as a whole.

| 2. | Second plea in law, alleging that the Civil Service Tribunal erred in failing to recognize the gravity of the procedural violations committed by OHIM. |
| --- | --- |

2.

Second plea in law, alleging that the Civil Service Tribunal erred in failing to recognize the gravity of the procedural violations committed by OHIM.

| 3. | Third plea in law, alleging that the Civil Service Tribunal committed an error when appreciating the plea in law alleging infringement of the principle of protection of legitimate expectations. |
| --- | --- |

3.

Third plea in law, alleging that the Civil Service Tribunal committed an error when appreciating the plea in law alleging infringement of the principle of protection of legitimate expectations.

| 4. | Fourth plea in law, alleging that the Civil Service Tribunal committed errors when appreciating the plea in law alleging infringement of the principle of equal treatment. |
| --- | --- |

4.

Fourth plea in law, alleging that the Civil Service Tribunal committed errors when appreciating the plea in law alleging infringement of the principle of equal treatment.

| 5. | Fifth plea in law, alleging that the Civil Service Tribunal failed to evaluate properly, or even to examine, the evidence in relation to the plea of misuse of powers. |
| --- | --- |

5.

Fifth plea in law, alleging that the Civil Service Tribunal failed to evaluate properly, or even to examine, the evidence in relation to the plea of misuse of powers.

---