Case T-285/02: Action brought on 20 September 2002 by Eva Vega Rodríguez against Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: action for annulment (EU), admission to examinations, competition (EU)

23.11.2002

EN

Official Journal of the European Communities

C 289/31

Action brought on 20 September 2002 by Eva Vega
Rodríguez against Commission of the European Com-
munities

Action brought on 23 September 2002 by Oriental
Kitchen SARL against Office for the Harmonisation of
the Internal Market (trade marks and designs) (OHIM)

(Case T-285/02)

(2002/C 289/57)

(Language of the case: French)

(Case T-286/02)

(2002/C 289/58)

(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 20 September 2002 by Eva Vega
Rodríguez, residing in Brussels, represented by Juan Ramón
Iturriagagoitia Bassas, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission of 25 June 2002;

— order that she be paid compensation to make good the
damage suffered by her in the amount of EUR 72 292,36,
subject
together with
default interest at the statutory rate;

to all manner of reservations,

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case, who applied to take part
in Competition COM/A/10/01, challenges the removal of
question 25 from Test A of the selection procedure, following
the discovery of an alleged error in it. That decision prevented
her from obtaining the minimum requisite number of marks
and led to her failing that part of the test.

In support of her arguments, and with regard to the content
of the abovementioned question, the applicant claims that the
Protocol incorporating the Schengen acquis into the European
Union is indeed the Second Protocol attached to the Treaty of
Amsterdam and not, as the Commission claims, Decision
1999/436/EC.

An action against Office for Harmonisation in the Internal
Market (trade marks and designs (OHIM) was brought before
the Court of First Instance of the European Communities on
23 September 2002 by Oriental Kitchen SARL, whose regis-
tered office is in Choisy-le-Roi (France), represented by Jean-
Jacques Sebag, lawyer. Mou Dybfros A/S, Esbjerg (Denmark)
was also an intervener in the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the appeal decision of 28 June 2002 of the Office

for the Harmonisation of the Internal Market;

— vary the decision of the Office for the Harmonisation of

the Internal Market of 11 December 2000;

— reject the opposition made by Mou Dybfros A/S;

— uphold the registration of the trade mark KIAP MOU

sought by Oriental Kitchen;

— order Mou Dybfros A/S to pay all the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

the applicant

The Community trade
mark concerned:

the word mark ‘KIAP MOU’ regis-
tered for goods in Classes 29 and
30 (including meat and prepared
dishes) — application No 950667

Proprietor of the right to Mou Dybfros A/S
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings:

Trade mark or
sign
asserted by way of oppo-
sition in the opposition
proceedings:

the national trade mark ‘MOU’,
registered for goods in Classes 29
and 30