Case T-192/02: Action brought on 21 June 2002 by G.D. Searle LLC against the Office for Harmonisation in the Internal Market
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, pharmaceutical product

C 202/36

EN

Official Journal of the European Communities

24.8.2002

— convert the period between 8 and 31 July 2000 into sick

leave;

— order the defendant to pay the costs.

Pleas in law and main arguments

When the applicant submitted a medical certificate attesting
that she was unable to work for one month, she pointed out
to the Commission that she wished to use that certificate to
justify one week’s sick leave and asked that the remainder be
regarded as annual leave. The applicant subsequently asked
that the whole of the period be regarded as annual leave and
not set against her annual leave allowance.

In support of her application, the applicant alleges infringe-
ment of Article 59 of the Staff Regulations, erroneous assess-
ment of the facts, misuse of powers, failure to provide reasons
and breach of the rights of the defence as well as breach of the
principles of sound administration and of the duty to have
regard to the welfare of officials.

Decision of the Exam-
iner:

Decision of the Board of
Appeal:

Grounds of claim:

refusal of the application

rejection of the appeal

Violation of article 7(1)
(b) of
Regulation 40/94 (1). The appli-
cant claims the mark is distinctive.

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

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

Action brought on 24 June 2002 by Michel Van Beek
against Commission of the European Communities

(Case T-199/02)

(2002/C 202/60)

(Language of the case: French)

Action brought on 21 June 2002 by G.D. Searle LLC
against the Office for Harmonisation in the Internal
Market

(Case T-192/02)

(2002/C 202/59)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 June 2002 by Michel Van Beek,
residing in Brussels, represented by Albert Coolen, Jean-Noël
Louis and Etienne Marchal, lawyers.

(Language of the case: English)

The applicant claims that the Court should:

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 21 June 2002 by G.D. Searle LLC,
represented by Graham Farrington, Solicitor,

— annul the decision of the Commission not to promote
him to Grade A 4 in the 2001 promotions procedure;

— order the defendant to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision of the defendant’s Third Board of

Appeal of 10 April 2002;

— order the defendant

the application to its
to remit
Examination Division for re-examination of Community
Trade Mark number 1299833.

Pleas in law and main arguments

The Community trade
mark concerned:

Goods and services:

The figurative mark with trade
mark
number
1299833.

application

Certain goods classified in class 5:
pharmaceuticals in the nature of
anti-inflammatory analgesics.

The applicant in the present action, an official in Grade A 5,
challenges the appointing authority’s refusal to promote him
to Grade A 4 in the 2001 promotions procedure.

In support of his arguments, the applicant alleges:

— breach of the duty to state reasons;

— infringement of Article 45 of the Staff Regulations and
breach of the principle of equal treatment, of the principle
that officials should have reasonable career prospects
and of the principles of good management and sound
administration.