Case T-103/01: Action brought on 5 May 2001 by Michael Cwik against the Commission of the European Communities
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), staff assessment

11.8.2001

EN

Official Journal of the European Communities

C 227/23

Action brought on 5 May 2001 by Michael Cwik against
the Commission of the European Communities

Action brought on 14 May 2001 by Claudia Oberhauser
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-103/01)

(2001/C 227/44)

(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 5 May 2001 by Michael Cwik,
residing at Tervuren (Belgium), represented by Nicolas Lhoëst,
avocat, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul

the Commission’s decision of 13 June 2000
transferring the applicant from the Information, Publi-
cations and Economic Documentation Unit [subsequently
renamed the Euro and EMU Unit (DG ECFIN-04)] to the
General Coordination, Human Resources and Adminis-
in March 2000,
tration Unit [subsequently renamed,
the Coordination, Human Resources, Information and
Administration Unit (DG ECFIN-01)];

— in so far as may be necessary, annul the implicit decision
of the Commission rejecting the complaint submitted by
the applicant on 26 September 2000;

— order the defendant to pay the sum of EUR 25 000 by

way of compensation for non-material damage;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant maintains that, by not responding to the
complaint made by him against his transfer, the Commission
failed to discharge its obligation to provide a statement of
reasons for any decision adversely affecting an official, as laid
down in Article 25(2) of the Staff Regulations. He also pleads
misuse of powers. According to the applicant, the Commission
exerted real pressure on him, by denying him access to the
information necessary in order to enable him to perform his
information and communication tasks, with a view to isolating
him and harassing him. The applicant further argues that his
functions as an economic and monetary specialist did not
correspond to the work which he was given to do following
his transfer to the ECFIN-01 unit. Lastly, the applicant claims
that, when deciding on his situation, the Commission failed to
comply with its obligation to have regard to the interests
and welfare of officials,
inasmuch as it did not take into
consideration the interests of the service or the interests of the
applicant. According to the applicant, that situation resulted
from a bad personal relationship existing for several years
between him and his hierarchical superiors.

(Case T-104/01)

(2001/C 227/45)

(Language of the case to be determined in accordance with Article
131(2) of the Rules of Procedure Application drafted in 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
14 May 2001 by Claudia Oberhauser, residing in Munich
(Germany),
represented by Markus Graf, Rechtsanwalt.
Additional party before the Board of Appeal: Petit Liberto,
S.A., Gerona (Spain).

The applicant claims that the Court should:

— set aside the decision of the Second Board of Appeal of
the Office for Harmonisation in the Internal Market of
28 February 2001 in Case R 757/1999-2;

— order the defendant to pay the costs of these proceedings,
and order the intervener to pay the costs of the proceed-
ings before the Office for Harmonisation in the Internal
Market.

Pleas in law and main arguments

for

regis-
Applicant
tration of a Community
trade mark:

Trade mark for which
registration sought:

Owner of the mark put
forward as grounds for
refusal under the oppo-
sition procedure:

Trade mark put forward
as grounds for refusal:

The applicant.

The word mark ‘Fifties’ for goods
in Class 25 (Jeans — Items of
clothing) — Application No
490003.

Petit Liberto, S.A.

The registered Spanish word and
fifties’
pictorial mark
(No 1,723,310)
in
Class 25.

‘miss
for goods

Decision of the Oppo-
sition Division:

Refusal of the application.

Decision of the Board of
Appeal:

Dismissal of the applicant’s com-
plaint.