Case T-122/01: Action brought on 4 June 2001 by Best Buy Concepts Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), services company

11.8.2001

EN

Official Journal of the European Communities

C 227/31

The applicant considers that the Commission’s inaction is
contrary to the Treaty and to Regulation No 17, since it is
allowing an infringement of Article 81(1) of the Treaty to
continue, although it has all the evidence available to adopt
the necessary measures.

— Infringement of Article 7(1)(b)
of Regulation No 40/94;
— Failure to take account of the
services actually being offered;
— Failure to take account of the
existing registrations of
the
sign in Germany and France.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 4 June 2001 by Best Buy Concepts Inc.
against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-122/01)

(2001/C 227/59)

(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
4 June 2001 by Best Buy Concepts Inc., Minnesota (U.S.A.),
represented by Sabine Rojahn, Rechtsanwältin, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— set aside the decision of the Third Board of Appeal of the
Office for Harmonisation in the Internal Market of
21 March 2001 in Case R 44/2000-3;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Trade mark for which
Community registration
sought:

Goods or services:

The pictorial mark ‘BEST BUY’ —
Application No 001166164

Services in Classes 35, 37 and 42
con-
(including management
sultancy, installation of car stereo
systems and products for the pri-
vate office, and specialist advice
on the fitting-out of retail busi-
nesses)

Action brought on 1 June 2001 by Pietro del Vaglio
against the Commission of the European Communities

(Case T-124/01)

(2001/C 227/60)

(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 1 June 2001 by Pietro del Vaglio
domiciled in London, represented by Georges Vandersanden,
Laure Levi and Dugois Dominique, Lawyers.

The applicant claims that the Court should:

— Annul

the Commission’s Decision of 5 April 2000
refusing to apply the United Kingdom weighting to the
applicant’s pension as from 8 May 1999 and, so far as
necessary, annul the decision of the Commission of
23 February 2001 dismissing the applicant’s claim of
18 July 2000;

— Order the defendant

to apply the United Kingdom

weighting with retroactive effect from 8 May 1999;

— Order the defendant to pay damage provisionally assessed
ex aequo et bono at 10 000 Euros and to pay interest at
8 % per annum on the remainder of the pension owed as
from 8 May 1999;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Decision disputed before
the Board of Appeal:

Refusal of
examiner

registration by the

Pleas in law:

— Infringement of Article 7(1)(c)
of Regulation No 40/94 (1);

The applicant claims infringement of Article 82 of the Staff
Regulations. The applicant claims that the Commission did
not properly evaluate the documentation he provided to prove
his change of country of residence. The Commission should,
inter alia, have taken into consideration the particular situation