Case T-140/03: Action brought on 28 April 2003 by Forum 187 against the Commission of the European Communities
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: Belgium, European Commission, State aid, action for annulment (EU), control of State aid, multinational enterprise

C 158/26

EN

Official Journal of the European Union

5.7.2003

According to the applicant, the appointing authority commit-
ted a manifest error of assessment in selecting a candidate who
did not satisfy the conditions set out in the notice of vacancy.
The appointment of that candidate should for that reason be
set aside. The applicant also asserts that there has been an
infringement of the principle of equal treatment and of the
rules governing the deliberations of the selection board. She
claims that certain members of the selection board were
not adequately qualified and/or lacked the impartiality and
objectivity necessary for sitting on such a board. Furthermore,
the staff reports of the applicant and of the candidate appointed
evaluate their respective activities and profiles according to
different criteria and provisions of the Staff Regulations. In
conclusion, the applicant submits that the appointing authority
infringed the principle of equality as between men and women.
She argues that she was more meritorious than the candidate
who was appointed. Moreover, in the event that her merits
should be deemed to have been no more than equivalent to
those of that candidate, priority ought to have been given to
the applicant by reason of the fact that she is a woman.

Action brought on 24 April 2003 by ‘U’ and Others
against the Council of the European Union and the
Commission of the European Communities

(Case T-138/03)

(2003/C 158/47)

(Language of the case: French)

An action against the Council of the European Union and the
Commission of
the European Communities was brought
before the Court of First Instance of the European Communities
on 24 April 2003 by ‘U’ and Others, represented by François
Honnorat, lawyer.

The applicants claim that the Court should:

— order compensation for the non-material or material
damage suffered by them as a consequence of the
infection of their close relatives with BSE;

— order the defendants to pay the costs.

The applicants submit that the defendants made a manifest
error of assessment, misused their powers and violated the
legitimate expectations of European consumers.

The applicants maintain that the defendants made a manifest
error of assessment in their management of the risks associated
with the BSE epidemic by not recommending a forward
scientific evaluation of the risk of BSE developing BSE in the
various geographical areas of
the Union at the time of
identification of the causes of the epidemic and of adoption of
the first protective measures in the United Kingdom. That
manifest error of assessment is also evidenced by the failure of
the defendants to call for a retrospective study to shed light on
the cause of the infections subsequently recorded in France.

In support of their claims, the applicants submit that the
defendants’ conduct in this case constitutes a misuse of powers
inasmuch as it was aimed only at protecting in an ill-considered
manner the interests of the market and of the beef sector.
According to the applicants, the defendants’ action consisted
in dissuading the Member States from adopting unilateral
protective measures.

The applicants further maintain that the defendants’ internal
disorganisation led their staff to underestimate the risks of BSE
developing and by that very fact constitutes a serious breach
of the legitimate expectations of European consumers.

The applicants draw attention to the abnormal and special
nature of the damage suffered by them as a result of the non-
natural cause of BSE and of the inapplicability of the European
system of producers’ liability for defective products to the case
in point.

Action brought on 28 April 2003 by Forum 187 against
the Commission of the European Communities

(Case T-140/03)

(2003/C 158/48)

Pleas in law and main arguments

(Language of the case: English)

The applicants all
live in France and are victims, either
indirectly or as persons entitled under or through persons who
have died in France, of a ‘variant’ form of Creutzfeldt-Jakob
disease. By this action, the applicants are lodging a claim for
damages to compensate for the material or non-material
damage allegedly suffered as a consequence of the death of
persons infected with BSE.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 April 2003 by Forum 187,
Brussels, Belgium, represented by Mr A. Sutton and Mr
J. Killick, Barristers.

5.7.2003

EN

Official Journal of the European Union

C 158/27

The applicant claims that the Court should:

— annul the Contested Decision in whole or in part,

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

The applicant

— order the Commission to pay the costs of this Case and

of Case T-276/02.

Mark or sign cited in Word mark ‘ARTEX’ registered in
France, Portugal and the Benelux
opposition:
for goods in Class 5

Pleas in law and main arguments

The applicant in the present case is the same association as in
case T-276/02, Forum against Commission (1). The applicant
challenges the final decision relating to the same Belgian State
Aid measure which was, as far as the decision to open the
procedure as foreseen by Article 88(2) of the Treaty was
involved, the object of that case. The grounds and main
arguments are those submitted in that aforementioned case.

( 1) OJEC C 289, 23.11.02, p. 28.

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Opposition upheld

Annulment of the decision of the
Opposition Division and dis-
missal of the appeal

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94 (like-
lihood of confusion)

Action brought on 2 May 2003 by Biofarma against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-154/03)

(2003/C 158/49)

(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
2 May 2003 by Biofarma, represented by Antonia Ruiz López
and Víctor Gil Vega, lawyers.

Action brought on 9 May 2003 by Industrias Químicas
del Vallés, S.A. against Commission of the European
Communities

(Case T-158/03)

(2003/C 158/50)

(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 9 May 2003 by Industrias Quí-
micas del Vallés, S.A., whose registered office is in Mollet del
Vallés (Barcelona, Spain), represented by Cani Fernández
Vicién, Paloma González-Espejo and Julio Sabater Marotias,
lawyers.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul Commission Decision 2003/308/EC of 2 May

— annul the decision of the OHIM (Third Board of Appeal)
of 5 February 2003 and declare that there is a likelihood
of confusion between the trade marks ARTEX and
ALREX, which designate similar goods.

— order the OHIM to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

Bausch & Lomb Pharmaceuticals
Inc.

Community trade mark Word mark ‘ALREX’ — Appli-
cation No 789461 for goods in
sought:
Class 5 (ophthalmological prod-
ucts)

2003,

— order the European Commission to pay all the costs,
including those incurred for the purposes of making an
application for interim relief.

Pleas in law and main arguments

This action is directed against Commission Decision 2003/
308/EC of 2 May 2003 concerning the non-inclusion of
metalaxyl in Annex I to Council Directive 91/414/EEC and the
withdrawal of authorisations for plant-protection products
containing this active substance (1).

In support of its claims, the applicant company relies on the
following pleas in law and main arguments: