Case T-90/01: Action brought on 23 April 2001 by Christine Janusch against the European Central Bank
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Central Bank, European official, action for annulment (EU), assistant, staff assessment

C 227/20

EN

Official Journal of the European Communities

11.8.2001

Action brought on 23 April 2001 by Christine Janusch
against the European Central Bank

Action brought on 23 April 2001 by BioID AG against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-90/01)

(2001/C 227/39)

(Language of the case: German)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 23 April 2001 by Christine Janusch, residing in Dreieich
(Germany), represented by Boris Karthaus, Rechtsanwalt, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the defendant addressed to the

applicant of 5 February 2001;

— order the defendant to make a number of payments plus

interest to the applicant;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant was employed by the defendant from July 1998
and assigned to salary band C. In August 2000, she applied for
confirmation of her classification and of assignment to salary
band D, with retrospective effect from 1 January 2000. She
left her employment with the defendant in September 2000.

On 28 November 2000, the Executive Board of the defendant
decided to carry out a reclassification of certain posts, whereby
the applicant’s post of ‘Administrative Assistant in the Protocol
and Conferences Division’ was assigned to salary band D as
‘Meeting and Conference Assistant’.

By a letter of 5 February 2001, the defendant decided that,
although the applicant’s post as ‘Meeting and Conference
Assistant’ had been assigned to salary band D, the defendant
was not in a position to make the applicant’s new classification
in salary band D retrospective, as the Executive Board had
decided not to apply the decision of 28 November 2000
retrospectively to employees who had left the defendant in the
meantime.

The applicant makes three pleas in law against the decision,
namely that it was not sufficiently reasoned, infringed the
general principle of equal treatment, and was contrary to the
principles of good faith and fair dealing.

(Case T-91/01)

(2001/C 227/40)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
23 April 2001 by BioID AG, of Berlin (Germany), represented
by Axel Nordemann, Lawyer.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 20 February 2001 (Appeal
R 538/1999-2) and the decision of the examiner Robert
Kliyn Brinkema of the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) of 25 June
1999 (concerning application file number 873943);

— order the defendant to admit for publication trade mark

873943, logo: BioID.®

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

BioID AG (formerly D.C.S. Dialog
Communication Systems AG)

The trade mark applied
for:

the word mark and figurative
mark BioID.®

Goods or services con-
cerned:

goods and services in Classes 9,
38 and 42

Decision
before
Appeal:

contested
the Board of

refusal of
examiner

registration by the

Decision of the Board of
Appeal:

Grounds of claim:

dismissal of the applicant’s appeal

— misapplication

of Article
7(1)(c) of Regulation (EC)
No 40/94 (1)

— the trade mark applied for
is, simply on account of its
graphic configuration, not a
descriptive indication and it
has distinctive and indepen-
dent graphics