# C_2009019EN.01003801.xml

| 24.1.2009 | EN | Official Journal of the European Union | C 19/38 |
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24.1.2009

EN

Official Journal of the European Union

C 19/38

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Action brought on 13 October 2008 — Clarke, Papathanasiou and Periañez-González v OHIM

(Case F-82/08)

(2009/C 19/74)

Language of the case: German

Parties

Applicant(s): Nicole Clarke (Alicante, Spain), Elisavet Papathanasiou (Alicante, Spain) and Mercedes Periañez-González (Brussels, Belgium) (represented by: H. Tettenborn, Rechtsanwalt)

Applicant(s):

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Subject-matter and description of the proceedings

Application for, first, a declaration of the invalidity of the clauses in the applicants' contracts which make provision for automatic termination of their contracts in the event that they are not included on the reserve list drawn up following the first open competition for their function group and, second, for a declaration that the open competitions OHIM/AD/02/07 and OHIM/AST/02/07 have no effect on the contracts of the applicants or for the annulment of that competition. Application for damages.

Form of order sought

| — | Declaration of the invalidity of the terms of Article 5 of the employment contract of each of the applicants; |
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Declaration of the invalidity of the terms of Article 5 of the employment contract of each of the applicants;

| — | A declaration that the notice of competition published on 12.12.2007 under the numbers OHIM/AD/02/07 and OHIM/AST/02/07 in the Official Journal of the EU C 300 A has no effect on the employment relationships of the applicants; |
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A declaration that the notice of competition published on 12.12.2007 under the numbers OHIM/AD/02/07 and OHIM/AST/02/07 in the Official Journal of the EU C 300 A has no effect on the employment relationships of the applicants;

| — | In the alternative, annulment of the decisions taken by OHIM on 12.7.2008 in the form of an implied rejection pursuant to the third indent of Article 90(2) of the Staff Regulations (as regards applicants 1, 2 and 3) and the decision of OHIM of 18.7.2008 (as regards applicant 2); |
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In the alternative, annulment of the decisions taken by OHIM on 12.7.2008 in the form of an implied rejection pursuant to the third indent of Article 90(2) of the Staff Regulations (as regards applicants 1, 2 and 3) and the decision of OHIM of 18.7.2008 (as regards applicant 2);

| — | In the further alternative, the annulment of the decisions by OHIM of 7.3.2008 to reject the requests made by the applicants under Article 90(1) of the Staff Regulations,
  Insofar as those decisions reject






  — | The approval of the variation of the applicants' contracts of indefinite duration so that the provision in Article 5 of the contracts regarding the requirement of an additional external competition is entirely deleted without being replaced, or in the alternative is deleted at least as regards the first sentence, |
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In the further alternative, the annulment of the decisions by OHIM of 7.3.2008 to reject the requests made by the applicants under Article 90(1) of the Staff Regulations,

Insofar as those decisions reject

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The approval of the variation of the applicants' contracts of indefinite duration so that the provision in Article 5 of the contracts regarding the requirement of an additional external competition is entirely deleted without being replaced, or in the alternative is deleted at least as regards the first sentence,

| — | The declaration of the continued existence of the contracts of indefinite duration concluded with the applicants, |
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The declaration of the continued existence of the contracts of indefinite duration concluded with the applicants,

| — | The declaration, that the applicants' participation in an open competition is not required in order to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration,
  And the application made in the alternative for a |
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The declaration, that the applicants' participation in an open competition is not required in order to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration,

And the application made in the alternative for a

| — | Declaration that there is no requirement for the participation of the applicants in the competition published on 12.12.2007 under numbers OHIM/AD/02/07 and OHIM/AST/02/07 in the Official Journal of the EU C 300 A in order for them to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration, |
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Declaration that there is no requirement for the participation of the applicants in the competition published on 12.12.2007 under numbers OHIM/AD/02/07 and OHIM/AST/02/07 in the Official Journal of the EU C 300 A in order for them to continue to be employed in OHIM as members of the temporary staff under a contract of indefinite duration,

| — | The annulment of the statements by the Personnel Division of OHIM in the letters to the applicants of 19.12.2007 in which OHIM linked the publication in the Official Journal of 12.12.2007 with the terms of Article 5 of the employment contracts concluded with the applicants; |
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The annulment of the statements by the Personnel Division of OHIM in the letters to the applicants of 19.12.2007 in which OHIM linked the publication in the Official Journal of 12.12.2007 with the terms of Article 5 of the employment contracts concluded with the applicants;

| — | And in the alternative the annulment of the competition published in Official Journal of the EU C 300 A of 12.12.2007, insofar as it causes prejudice to the applicants; |
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And in the alternative the annulment of the competition published in Official Journal of the EU C 300 A of 12.12.2007, insofar as it causes prejudice to the applicants;

| — | An order that OHIM pay compensation to the applicants in such an amount as the Court shall order for the psychological and non-material damage caused to them by the decisions to be annulled in accordance with the present application; |
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An order that OHIM pay compensation to the applicants in such an amount as the Court shall order for the psychological and non-material damage caused to them by the decisions to be annulled in accordance with the present application;

| — | An order that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) pay the costs. |
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An order that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) pay the costs.

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