Case T-4/01: Action brought on 5 January 2001 by Renco S.A. against the Council of the European Union
Date: 2001-03-10
Institutions: Court of First Instance
Subjects: Council of the European Union, Italy, appeal to the Court (EU), award of contract, building industry, invitation to tender

10.3.2001

EN

Official Journal of the European Communities

C 79/25

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
relied upon in Case T-379/00.

The applicant

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

sign

Trade mark or
asserted by way of oppo- mark ‘ILS’
sition in the opposition
proceedings:

Action brought on 30 December 2000 by the Institut für
Lernsysteme against the Office for Harmonisation in the
Internal Market

(Case T-388/00)

(2001/C 79/44)

(Language of the case: English)

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Grounds of claim:

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 30 December 2000 by the Institut
für Lernsysteme, Hamburg, represented by Jörg Schneider
of CMS Hasche Sigle Eschenlohr Peltzer Schäfer, Stuttgart
(Germany).

A further party to the proceedings before the Board of Appeal
was ELS Educational Services, Inc., Culver City, California,
United States.

The applicant claims that the Court should:

(except

Registered German

figurative
for ‘educational and
teaching material
for
apparatus) in the form of printed
materials; data carriers of all kind
with programmes for educational
purposes; development and run-
ning of correspondence courses’
in Classes 9, 16 and 41

Rejection of the opposition

Rejection of the opposition

— infringement of essential for-
mal provisions, e.g. Article 43
(1) of Council Regulation on
the Community Trade Mark

— misapplication of

the prin-
ciple that the closer the goods
and services are to one anoth-
er, the greater the distance the
marks must observe from one
another

— annul

the decision of

the Office dated 18.10.2000
— R 074/2000-3 and reject the registration of the
Community trade mark 000131276 ‘ELS’;

— order the Office to bear the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

The trade mark con-
cerned:

ELS Educational Services, Inc.

students

The verbal mark ‘ELS’ — appli-
cation 131276, relating to ‘edu-
cational
textbooks and printed
materials, namely student work-
teaching man-
books, catalogs,
uals, printed instruction materials
and charts and booklets designed
for
seeking to learn
English as a second language’ in
Class 16;
‘rendering technical
assistance in connection with the
establishment and/or operation of
language schools’ in Class 35 and
‘educational services, namely pro-
viding English language instruc-
tion’ in Class 41

Action brought on 5 January 2001 by Renco S.A. against
the Council of the European Union

(Case T-4/01)

(2001/C 79/45)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 5 January 2001 by Renco S.A., established in
Milan (Italy), represented by Denis Philippe, of the Luxembourg
Bar, and Francesco Apruzzi, of the Brussels Bar.

The applicant claims that the Court should:

— order the defendant to pay to the applicant compensation
totalling 6 863 000 euro, together with compensatory
interest with effect from the date of the event giving rise
to the damage — namely, 14 April 2000 — and legal
interest
the judgment,
composed of:

from the date of delivery of

C 79/26

EN

Official Journal of the European Communities

10.3.2001

— 24 000 000 euro for loss of the chance of being

The applicant claims that the Court should:

awarded the contract in issue;

— 63 000 euro for the expenses and ancillary costs
agreed to in the context of participation in the
restricted invitation to tender;

— 2 000 000 euro for the non-material damage suf-

fered by the applicant;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant in the present case, the subject-matter of which
is the same as in Case T-205/00 Renco v Council (1), seeks full
compensation for the damage suffered by it as a result of the
irregularities established in the award of a public contract for
general installation and maintenance works to be carried out
in the buildings of the Council following the issue of invitation
to tender No 99/S 146-107865/FR of 30 July 1999.

It is alleged that the Council has incurred liability on account
of, in particular, its failure to comply with the requirements
imposed by Directive 93/37/EEC (2), which applies to the
contract in issue. The applicant also complains that the Council
the tenderers
disappointed the legitimate expectations of
concerning the selection criteria actually applied in the
decision-making process.

(1) OJ C 285 of 7.10.2000, p. 19.
(2) Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works
contracts.

— annul the decision of the appointing authority of 11 Janu-
ary 2001 imposing on the applicant the disciplinary
measure of downgrading from A 5 to A 6, on the same
step, as provided for in Article 86(2)(e) of the Staff
Regulations;

— order the Commission to compensate him for material
and non-material damage, provisionally assessed, with all
manner of reservations, at EUR 1 350 000;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant contests the disciplinary measure imposed on
him following alleged irregularities committed in the course of
his duties as Head of the Delegation of the European Com-
mission in Bratislava (Slovak Republic).

In support of his claims, he puts forward the following pleas
in law:

— Breach of the rights of the defence and of the disciplinary

procedure.

— Lack of a statement of reasons and erroneous statement

of reasons.

— Manifest error of assessment of the facts giving rise to a

misassessment of law.

— Breach of the principle of proportionality.

Action brought on 26 January 2001 by Georgios S. Zavvos
against Commission of the European Communities

Action brought on 26 January 2001 by Petros Efthymiou
against Commission of the European Communities

(Case T-21/01)

(2001/C 79/46)

(Case T-22/01)

(2001/C 79/47)

(Language of the case: French)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 January 2001 by Georgios
S. Zavvos, residing in Linkebeek (Belgium), represented by
Georges Vandersanden and Laure Levi, Avocats, with an
address for service in Luxembourg.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 January 2001 by Petros Efthy-
miou, residing in Luxembourg, represented by Jean-Noël Louis
and Véronique Peere, avocats, with an address for service in
Luxembourg.