Case T-43/03: Action brought on 10 February 2003 by La Maison de l'Europe Avignon-Méditerranée against Commission of the European Communities
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), confidentiality, dissemination of information

26.4.2003

EN

Official Journal of the European Union

C 101/39

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

The German word/figurative
mark ‘AXON’ (No 1108589) for
goods and services in classes 10,
12, 35 and 36

Rejection of the opposition

Annulment of the decision of the
Opposition Division and referral
of the case back to the Opposition
Division

— There

is

similarity
no
between the marks opposed,
of
within
Article 8(1)(b) of Regulation
(EC) No 40/94 (1).

the meaning

— There is no likelihood of

confusion.

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

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 10 February 2003 by Julián Murúa
Entrena against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-40/03)

(2003/C 101/71)

(Language of the case: Spanish)

An action against the 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
10 February 2003 by Julián Murúa Entrena, residing in El
Ciego, Álava (Spain), represented by Ignacio Temiño Ceniceros,
lawyer.

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Mark or sign cited in
opposition:

Applicant

Figurative mark ‘Julián Murúa
Application
Entrena’
—
in
No 62.588 for products
Class 33 (wines).

Bodegas Murúa S.A.

international

Spanish trade mark ‘MURUA’
and
registration
No 482.779 having effect in Ger-
many, France, Austria, Switzer-
land and Benelux for products in
Class 33.

Decision of the Oppo-
sition Division:

Opposition accepted.

Decision of the Board of
Appeal:

Appeal dismissed.

Pleas in law:

application

Incorrect
of
Article 8(1)(b) of Regulation (EC)
No 40/94 (likelihood of con-
fusion).

Action brought on 10 February 2003 by La Maison de
l’Europe Avignon-Méditerranée against Commission of
the European Communities

(Case T-43/03)

(2003/C 101/72)

(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 10 February 2003 by La Maison
de l’Europe Avignon-Méditerranée, established in Avignon
(France), represented by François Martineau, lawyer.

— annul the contested decision refusing the Community

trade-mark application No 62.588 in Class 33;

The applicant claims that the Court should:

— order the parties to bear their own costs and half of the

common costs.

— order the defendant to pay EUR 100 000 to make good
the damage suffered by La Maison de l’Europe Avignon-
Méditerranée as a result of the disclosure of deceitful,

C 101/40

EN

Official Journal of the European Union

26.4.2003

or at the very least confidential,
information by the
representative of the European Commission in Marseille;

— order the defendant to pay all the recoverable costs,

which amounts to EUR 10 000.

were officials of the Commission in Luxembourg, the
cost of the sea passage from Brindisi to various Greek
frontier posts (Corfu, Igoumenitsa, Patras) on the basis of
an ‘aircraft type seat’ ticket;

— annul all

the applicants’

reimbursement statements
implementing the decisions annulment of which is
sought;

Pleas in law and main arguments

The applicant claims that, during a meeting in Marseille on
23 January 2003, a representative of the defendant divulged
deceitful or at the very least confidential information. Such
disclosure resulted in damage for which it seeks compensation
in the present application. In support of its arguments, the
applicant alleges non-contractual liability of the defendant in
the context of Article 288 EC and alleged breach of the
confidentiality obligation imposed on the representative of the
defendant by Article 287 EC.

Action brought on 7 February 2003 by Giorgio Lebedef
and Others against Commission of the European Com-
munities

(Case T-44/03)

(2003/C 101/73)

(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 7 February 2003 by Giorgio
Lebedef, residing in Senningerberg (Luxembourg), and 49
other officials, represented by Gilles Bounéou, lawyer, with an
address for service in Luxembourg.

The applicants claim that the Court should:

— annul the decision of the competent hierarchical authority
changing, in respect of 1993, 1994 and 1995 or the
period within those years during which the applicants
were officials of the Commission in Luxembourg, the
procedure for calculating the annual expense of travelling
to Greece in respect of the journey via Brindisi, as taken
into consideration for certain destinations;

alternatively,

— annul the decision of the competent hierarchical authority
to reimburse, in respect of 1993, 1994 and 1995 or the
period within those years during which the applicants

— pay the applicants the entire amount which is outstanding
as a result of
the decisions
the implementation of
annulment of which is sought, together with interest at
the legal rate;

— order the Commission to pay the costs, expenses and fees

incurred.

Pleas in law and main arguments

In the present case, the applicants seek the annulment of the
decision of the Commission changing the procedure for
calculating the annual expense of travelling to Greece.

In support of
the (main and alternative) arguments for
annulment, the applicants essentially rely on six pleas in law
alleging, first, infringement of Article 71 of the Staff Regu-
lations and of Articles 7 and 8 of Annex VII
thereto;
second, breach of the principle of non-discrimination; third,
infringement of the rights of the defence; fourth, breach of the
principle that arbitrary procedures are prohibited and of the
obligation to provide a statement of reasons; fifth, breach of
the principle of the protection of legitimate expectations and
of the rule ‘patere legem quam ipse fecisti’; and sixth, breach
of the duty to have regard for the welfare and interests of
officials.

Action brought on 6 February 2003 by Riva Acciaio S.p.A.
against the Commission of the European Communities

(Case T-45/03)

(2003/C 101/74)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 February 2003 by Riva Acciaio
S.p.A., represented by Aurelio Pappalardo, Massimo Merola,
Maurizio Pappalardo and Federica Martin, lawyers.