Case T-219/02: Action brought on 23 July 2002 by Olga Lutz Herrera against the Commission of the European Communities
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrative competition, age discrimination, equal treatment

C 233/30

EN

Official Journal of the European Communities

28.9.2002

Grounds of claim:

— The trademark applied for
satisfies
the minimum
requirements for a distinc-
tive character (Article 7(1)(b)
of Regulation (EC) No 40/
94 (1)).

— The contested decision is
contrary to jurisprudence of
the Court.

( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-

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

Action brought on 23 July 2002 by Olga Lutz Herrera
against the Commission of the European Communities

(Case T-219/02)

(2002/C 233/53)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 July 2002 by Olga Lutz Herrera,
residing in Brussels, represented by D. Ramón Garcia-Gallardo,
Gil Fournier and D. Javier Guillén Carra, lawyers.

The applicant claims that the Court should:

— annul the Commission’s decision refusing the applicant’s
application to take part in competition COM/A/6/01;

— overturn the dismissal of the administrative appeal against
the refusal of the applicant’s application to take part in
the said competition;

Pleas in law and main arguments

In the present action, the applicant seeks the annulment of the
jury’s decision of 31 July 2001 in competition COM/A/6/01
in so far as the applicant was thereby refused admission to that
competition on the ground that she exceeded the age limit set
in the notice of competition.

In support of her claim, the applicant alleges:

— that the Commission made a manifest error of assessment
in that, in her appeal, the applicant was not seeking a
declaration that one of the conditions stipulated in the
notice of competition, namely the condition regarding
age, was illegal, but a declaration that the jury’s decision
refusing her admission to the competition was illegal;

— infringement of

the principle of equality, enshrined
in Article 13 of the EC Treaty, which prohibits all
discrimination based on age;

— infringement of Article 6 of the Charter of Fundamental
Rights of the European Union and Article 14 of the
European Convention on Human Rights.

Action brought on 23 July 2002 by Heron Robotunits
the Office for Harmonisation in the
GmbH against

Internal Market (Trade Marks and Designs)

(Case T-222/02)

(2002/C 233/54)

(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
23 July 2002 by Heron Robotunits GmbH, of Lustenau
(Austria), represented by M. Bergermann, Lawyer.

The applicant claims that the Court should:

— order such other relief as the Court may think appropriate
so that the Commission fulfils its obligations under
Article 233 EC and, specifically, conducts a fresh examin-
ation of appeal No 486/01;

— annul the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 6 May 2002 (Ref: R 1095-2000-
1);

— order the defendant to pay the costs.

— order the defendant to pay the costs.