Case T-320/01: Action brought on 17 December 2001 by Pietro del Vaglio against the Commission of the European Communities
Date: 2002-03-02
Institutions: Court of First Instance
Subjects: United Kingdom, action for annulment (EU), damages, pension scheme, ratio

C 56/18

EN

Official Journal of the European Communities

2.3.2002

Decision of the Board of
Appeal:

Grounds of claim:

rescission of the decision of the
Opposition Division and referral
of the case back to the Opposition
Division as regards the goods and
services not
covered by the
decision of the Board of Appeal.

— order the defendant to pay damages provisionally asses-
sed, on a fair and equitable basis,
in the sum of
10 000 euros and to pay interest at 7 % per annum on
the balance of the pension due from 24 September 2000
to 1 April 2001;

— order the defendant to pay all the costs.

— infringement

Ar-
ticle 8(1)(b) of Regulation
(EC) No 40/94 (1);

of

Pleas in law and main arguments

— no risk of confusion;

— no similarity between the
allegedly conflicting services.

The pleas in law and arguments advanced are broadly similar
to those put forward in Case T-124/01 Del Vaglio v Com-
mission (OJ 2001 C 227, p. 31).

(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 17 December 2001 by Pietro del Vaglio
against the Commission of the European Communities

(Case T-320/01)

(2002/C 56/32)

(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 17 December 2001 by Pietro del
Vaglio, residing in London, represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the defendant’s decision of 6 September 2001
rejecting the applicant’s complaint concerning the appli-
cation to his pension of the weighting for the United
Kingdom;

— order the defendant to apply the weighting for the United
from 24 September

Kingdom with retroactive effect
2000;

Action brought on 15 December 2001 by Internationaler
Hilfsfonds e.V. against the Commission of the European
Communities

(Case T-321/01)

(2002/C 56/33)

(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 15 December 2001 by Interna-
tionaler Hilfsfonds e.V., established at Rosbach (Federal Repub-
lic of Germany), represented by Hans Kaltenecker, lawyer.

The applicant claims that the Court should:

— annul

the decision of

the European Commission of
16 October 2001 by which it refused the applicant’s
1996 and 1997 requests for co-financing;

— order the Commission, pursuant to the principle of
reimbursement, to pay the costs, including those resulting
from the procedures before the Ombudsman which the
applicant was constrained to incur in order to obtain its
entitlement.

Pleas in law and main arguments

The applicant is challenging the Commission’s decision of
16 October 2001 rejecting three requests for co-financing
which it had made under budget heading B7-6000, concerning
the co-financing of actions with European non-governmental
development organisations (NGDOs)
in fields relating to
developing countries.