Case T-245/02: Action brought on 19 August 2002 by Antonia de Jong against Europol
Date: 2002-10-26
Institutions: Court of First Instance
Subjects: Europol, action for annulment (EU), discretionary power, pay rise, regulations for civil servants

26.10.2002

EN

Official Journal of the European Communities

C 261/17

The applicant claims that the Court should:

— allow the present action;

— annul the contested decision of the First Board of Appeal
of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 30 May 2002; and

— order the Office in any event to pay, first, the applicant’s
costs both before the Board of Appeal and before the
Court of First Instance, together with the fees of the
lawyers instructed by it, and second, the translation
costs incurred by the applicant in the procedures for
examination of its application and consideration of its
appeal before the Board of Appeal.

Action brought on 19 August 2002 by Antonia de Jong
against Europol

(Case T-245/02)

(2002/C 261/33)

(Language of the case: Dutch)

An action against Europol was brought before the Court of
First Instance of the European Communities on 19 August
2002 by Antonia de Jong, residing in The Hague (Netherlands),
represented by Pauline de Casparis and Maria Franciscus
Baltussen.

The applicant claims that the Court should:

Pleas in law and main arguments

Community trade mark:

the word mark ‘TOP’ — Appli-
cation 604 975

Goods or services con-
cerned:

herbal food capsule or powder;
herbal nutritional
supplement.
(Classes 5 and 29)

Decision of
iner:

the exam-

refusal of the application for regis-
tration

Decision of the Board of
Appeal:

dismissal of the appeal

Grounds put forward:

1.

2.

3.

4.

5.

6.

the audi
infringement of
alteram partem rule and of the
rights of the defence

long

impermissibly
pro-
cedure before the Office’s
Boards of Appeal from the
lodging of the appeal to noti-
fication of the decision to the
applicant

non-notification of matters
upon which the contested
decision was based

insufficient
grounds of
decision

unclear
and
the contested

suitability for registration of
the mark

distinctive character of the
mark

1.

2.

Set aside Europol’s rejection of the applicant’s complaint
brought against the Decision of 23 November 2001 and
at
the contested Decision of
23 November 2001;

the same time annul

Principally, order Europol to grant the applicant two
additional salary increments with effect from 1 July 2001,
and,
the
applicant one additional salary increment with effect
from 1 July 2001;

in the alternative, order Europol

to grant

3. Order Europol to pay to the applicant the amounts due
under (2) within 48 hours of pronouncement of the
judgment to be delivered in this case, plus such statutory
interest as is due on those amounts in accordance with
Netherlands law;

4. Order Europol to pay to the applicant, within 48 hours
of pronouncement of the judgment to be delivered in this
case, the sum of EUR 1 000 as compensation for the
non-material damage which she has suffered;

5. Order Europol to pay the costs incurred by the applicant

in the present proceedings.

Pleas in law and main arguments

The applicant works for Europol. In the contested decision,
the defendant refused to grant a salary increase to the applicant
on the basis of her report.

this decision is contrary to
The applicant contends that
Article 29 of the Europol Staff Regulations. According to the
applicant, the Management Board has failed to lay down the
necessary rules for the award of salary increases in accordance
with that article. The applicant further pleads that the Director
exceeded his discretionary powers, inasmuch as the decision-
making procedure does not satisfy the requirements of due
care and impartiality. Lastly, the applicant pleads infringement
of the principles of equal treatment and protection of legitimate
expectations.