Case T-180/02: Action brought on 11 June 2002 by Georgios Gouvras against Commission of the European Communities
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), indemnification, pay, regulations for civil servants, rights of civil servants

C 191/30

EN

Official Journal of the European Communities

10.8.2002

for the conclusions concerning the impact of the scheme on
intra-Community trade.

(1) OJ 1997 C 283, p. 2.

Action brought on 11 June 2002 by Georgios Gouvras
against Commission of the European Communities

(Case T-180/02)

(2002/C 191/51)

(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 11 June 2002 by Georgios
Gouvras, residing in Bereldange (Luxembourg), represented by
Jean-Noël Louis, Etienne Marchal and Albert Coolen, lawyers,
with an address for service in Luxembourg.

in the interests of

In support of his application, the applicant alleges infringement
of the first indent of Article 37(a) and Article 38 of the Staff
Regulations in that the contested decision changes the place of
employment of the applicant during the period in which he
was on secondment
the service. The
applicant further alleges infringement of Article 85 of the Staff
Regulations and breach of the principle prohibiting arbitrary
decisions, the principle that legitimate expectations are to be
protected and the duty to have regard for the welfare of
officials inasmuch as the applicant was unaware of the irregular
nature of the payments received. Finally, the applicant alleges
infringement of Articles 5 and 10 of Annex VII to the Staff
Regulations.

Action brought on 14 June 2002 by BMI Bertollo S.r.l.
against Office for the Harmonization of the Internal
Market (trade marks and designs) (OHIM)

(Case T-186/02)

(2002/C 191/52)

the case:

(Language of
to be determined in accordance with
Article 131(2) of the Rules of Procedure — Language in which the
application was drafted: Italian)

The applicant claims that the Court should:

— annul the decision of 14 August 2001 of the Staff
Administration and Management Directorate Luxem-
bourg and Ispra of DG Admin:

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
14 June 2002 by BMI Bertollo S.r.l., whose registered office is
in Pianezze San Lorenzo (Italy), represented by Federico
Tedeschini, Maurizio Pinnaro` and Patrik Santer.

— fixing, with effect from 1 November 2000, the place
of employment as Athens, retrospectively removing
his right to the expatriation allowance, to the annual
travel expenses and applying to his salary the
weighting applicable to Greece;

— to withhold from his remuneration, pursuant to that

decision, any amount in general;

— order the defendant to pay the costs.

The applicant claims that the Court should:

annul the decision of 19 March 2002 of the Third Board of
Appeal of the Office for Harmonization in the Internal Market
in the appeal against the decision of 28 February 2001 of the
Fifth Unit of
the Opposition Division and consequently
uphold the registration application submitted by the applicant
undertaking.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

The applicant

The applicant, whose place of employment was Luxembourg,
was seconded in the interests of the service to the Greek
Ministry of Health. The contested decision fixes, with retrospec-
tive effect as from 1 November 2000, his place of employment
as Athens, with all the implications of that decision. Further-
more, the Commission decided to withhold from his salary,
pursuant to the contested decision, any amount in general.

The Community trade
mark concerned:

Figurative mark ‘DIESELIT’ —
Registration
application
No 880211, registration sought
in respect of goods and services
within Classes 7, 11 and 21 (flat
irons, steam irons and ironing
boards)