# C_2016243EN.01004501.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/45 |
| --- | --- | --- | --- |

4.7.2016

EN

Official Journal of the European Union

C 243/45

---

Appeal brought on 12 May 2016 by José Luis Ruiz Molina against the judgment of the Civil Service Tribunal of 2 March 2016 in Case F-60/15, Ruiz Molina v OHIM

(Case T-233/16 P)

(2016/C 243/50)

Language of the case: French

Parties

Parties

Appellant: José Luis Ruiz Molina (San Juan de Alicante, Spain) (represented by: N. Lhoëst and S. Michiels, lawyers)

Appellant:

Other party to the proceedings: European Union Intellectual Property Office

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

| — | set aside the judgment of the European Union Civil Service Tribunal of 2 March 2016 in Case F-60/15; |
| --- | --- |

—

set aside the judgment of the European Union Civil Service Tribunal of 2 March 2016 in Case F-60/15;

| — | order the respondent to the appeal to pay the costs of both sets of proceedings in their entirety. |
| --- | --- |

—

order the respondent to the appeal to pay the costs of both sets of proceedings in their entirety.

Grounds of appeal and main arguments

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on four grounds of appeal.

| 1. | First ground of appeal, alleging infringement of the first paragraph of Article 8 of the Conditions of Employment of Other Servants of the European Union. |
| --- | --- |

1.

First ground of appeal, alleging infringement of the first paragraph of Article 8 of the Conditions of Employment of Other Servants of the European Union.

| 2. | Second ground of appeal, alleging infringement of the principle of res judicata attaching to the judgment of 15 September 2011 in Bennett and Others v OHIM, F-102/09, EU:F:2011:138. |
| --- | --- |

2.

Second ground of appeal, alleging infringement of the principle of res judicata attaching to the judgment of 15 September 2011 in Bennett and Others v OHIM, F-102/09, EU:F:2011:138.

res judicata

Bennett and Others

OHIM

| 3. | Third ground of appeal, alleging infringement of Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) which implemented the framework agreement on fixed-term work concluded on 18 March 1999 between the general cross-industry organisations, and infringement of well established principles and standards of international social and labour law on stable employment. |
| --- | --- |

3.

Third ground of appeal, alleging infringement of Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) which implemented the framework agreement on fixed-term work concluded on 18 March 1999 between the general cross-industry organisations, and infringement of well established principles and standards of international social and labour law on stable employment.

| 4. | Fourth ground of appeal, alleging failure to state reasons for the judgment under appeal. |
| --- | --- |

4.

Fourth ground of appeal, alleging failure to state reasons for the judgment under appeal.

---