Case T-185/01: Action brought on 4 August 2001 by Dominique Ramaekers against the Commission of the European Communities
Date: 2001-11-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative transparency, competition (EU), equal treatment, servant (EU)

10.11.2001

EN

Official Journal of the European Communities

C 317/29

— in the alternative, annul the decisions of the Board of
Appeal and the Opposition Division in so far as they
concern the application for registration of the applicant’s
mark for the goods in Class 5; and order that the
application in respect of the amended specification for
the goods in Class 5 be referred back to the Opposition
Division for further consideration;

— order that the applicant’s costs of defending the original
opposition and of prosecuting the appeal before the
Board of Appeal and of prosecuting this appeal before
the Court of First Instance be paid to the applicant.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Corporation, Mountain

Alza
View, California, U.S.A.

The Community trade
mark concerned:

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

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

Decision of the Oppo-
sition Division:

The word mark ‘E-TRANS’
for
certain goods in Classes 5, 10
and 42 (e.g. pharmaceutical and
veterinary preparations and sub-
stances)
application
No. 120089

—

Hexal AG, Holzkirchen, Germany

German

The
trade mark
‘ESTRANS’ for certain goods in
Class 5

Partial accept of the opposition,
insofar as it relates to pharmaceut-
ical and veterinary preparations
and substances (Class 5)

Decision of the Board of
Appeal:

Dismissal of the appeal

Grounds of claim:

— The goods covered by the
two marks are different;

— there is no likelihood of con-

fusion; and

— Article 8(1)(b) of Regu-
lation 40/94 (1) is not appli-
cable.

Action brought on 4 August 2001 by Dominique Ramae-
kers against the Commission of the European Communi-
ties

(Case T-185/01)

(2001/C 317/57)

(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 4 August 2001 by Dominique
Ramaekers, resident in Louvain-la-Neuve (Belgium), represent-
ed by Jean-Noël Louis and Véronique Peere, lawyers, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the selection board for the Research
selection COM/R/A/01/1999 to award her a mark that
was not sufficient to allow her to be included on the
reserve list;

— in so far as necessary, annul the subsequent decision of
the Selection Committee and of the AECE establishing
the reserve list
the Research selection process
for
COM/R/A/01/1999;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case objects to her non-inclusion
on the reserve list of successful candidates in the context of
the Notice of a selection process for temporary members of
staff COM/R/A/01/1999 for the management of Research and
Technological Development programmes.

The pleas and main arguments are those put forward in Case
T-182/01 Bachotet v Commission (1).

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

(1) Not yet published in the OJEC.

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