Case T-155/03: Action brought on 24 April 2003 by Michael Cwik against the Commission of the European Communities
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: European Commission, European official, abuse of power, action for annulment (EU), job satisfaction, staff assessment

C 171/36

EN

Official Journal of the European Union

19.7.2003

Action brought on 18 April 2003 by Inex N.V. against the
Office for Harmonisation in the Internal Market

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

(Case T-153/03)

(2003/C 171/60)

(Language of the case: French)

Pleas in law:

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
18 April 2003 by Inex N.V., represented by Thierry van Innis,
lawyer.

Robert Wiseman & Sons Limited, Glasgow (United Kingdom)
was also a party to the proceedings before the Second Board
of Appeal.

The applicant claims that the Court should:

Infringement of the concept of
the likelihood of confusion as
interpreted by the Court of Justice
in the light of:

— the identity of the goods;

— the similarity between the
against which the
mark
opposition was directed and
the dominant and distinctive
element of the first mark;

— the fact that the goods are
targeted at the general public
for everyday use

— annul the decision handed down by the Second Board of
Appeal of the defendant on 4 February 2003 in Case R
106/2001-2;

Action brought on 24 April 2003 by Michael Cwik against
the Commission of the European Communities

— order the defendant to pay the costs.

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:

Proprietor of mark or
sign

Robert Wiseman & Sons Limited,
Glasgow (United Kingdom)

Figurative mark composed of the
graphic representation of a cow-
hide in black and white — appli-
cation no. 132, 134,
filed for
goods and services in classes 29,
32 and 39 (in particular: milk,
milk beverages, milk products,
dairy products, cream and yogh-
urt)

The plaintiff

Composite Benelux trade mark
no 580 538 comprising in part a
graphic representation of a cow-
hide in black and white registered
for goods in classes 29 and 30

(Case T-155/03)

(2003/C 171/61)

(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 24 April 2003 by Michael Cwik,
residing in Tervuren (Belgium), represented by Nicolas Lhoëst,
lawyer.

The applicant claims that the Court should:

— annul the decision of the Secretary General of 13 June
2002 confirming, without amendment, the applicant’s
staff report for the period running from 1 July 1995 to
30 June 1997;

— order the defendant to pay the applicant EUR 15 000 by

way of damages;

Decision of the Oppo-
sition Division:

Rejection of the opposition

— order the defendant to pay the costs.

19.7.2003

EN

Official Journal of the European Union

C 171/37

Pleas in law and main arguments

The applicant in these proceedings objects to the two-year
delay in receiving his staff report in respect of the period
between July 1995 and June 1997 and to the contents thereof,
by comparison to the preceding reports.

In support of his claims, the applicant alleges failure to fulfil
the obligation to provide a statement of reasons, manifest error
of assessment, misuse of powers and irregular procedures.

Action brought on 30 April 2003 by Orlando Pérez-Díaz
against Commission of the European Communities

(Case T-156/03)

(2003/C 171/62)

(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 30 April 2003 by Orlando Pérez-
Díaz, residing in Brussels, represented by Marc-Albert Lucas,
lawyer.

The applicant claims that the Court should:

— annul the decision of the Selection Board in COM/R/A/1/
1999 not to enter his name in the reserve list for that
selection, notified to him by letter of 21 January 2003
from the Head of Personnel in the Research Directorate
General of the Commission in the name of the Chairman
of the Selection Board;

— order the Commission to pay him, by way of compen-
sation for the non-material damage and damage to his
career suffered by him as a result of the unlawfulness of
the contested decision damages at a level to be assessed
by the Court of First Instance;

— order the Commission to pay the costs.

the temporary staff. By decision of 14 July 2002, the Selection
Board did not enter the applicant’s name on the reserve list.
That decision was annulled by the Court of First Instance in
Case T-102/01 Pérez-Díaz v Commission [2002] ECR II-0000.
In order to comply with that judgment, the Selection Board
decided to organise fresh oral tests in which the applicant took
part while nevertheless reserving his position as to its validity.
The selection board decided that the applicant’s results in the
new tests were not sufficient to enable him to be entered on
the reserve list.

In support of his application, the applicant puts forward five
pleas in law alleging:

— infringement of the second paragraph of Article 25 of the
Staff Regulations inasmuch as the contested decision was
inadequately reasoned;

— infringement of Article 233 of the EC Treaty and of the
principles of equal treatment and objectivity in making a
choice from among the candidates inasmuch as the
applicant’s performance was allegedly assessed under
conditions and according to criteria which were different
to those employed in respect of the other candidates;

— breach of the principles of ‘restitutio in integrum’ and of
equal treatment inasmuch as the applicant was required
to re-sit the first and third stages of the oral test and give
his views, in the second part of the second stage, on
current scientific developments which had taken place
since the original tests;

— infringement of Article 233 of the EEC Treaty, inasmuch
as the members of the new Selection Board had insuf-
ficient knowledge of the Spanish language to be able to
assess the candidate’s abilities;

— breach of the principle of ‘restitutio in integrum’ inas-
much as the composition of the new selection board was
not as close as possible to that of the original board.

Action brought on 5 May 2003 by Cascades SA against
the Commission of the European Communities

(Case T-161/03)

(2003/C 171/63)

(Language of the case: French)

Pleas in law and main arguments

The applicant, an agent for the Centre for the Development of
Enterprise, applied to take part in selection procedure COM/R/
A/01/1999 organised by the defendant with a view to
establishing a reserve list for the recruitment of members of

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 May 2003 by Cascades SA,
established in La Rochette (France), represented by Jacques
Buhart and Pierre-M. Louis, lawyers.