Case T-205/03: Action brought on 11 June 2003 by Nicolas Georgiopoulos and Others against the Commission of the European Communities
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: European Commission, European official, Greece, action for annulment (EU), allowances and expenses, redemption, regulations for civil servants

C 184/52

EN

Official Journal of the European Union

2.8.2003

the

applicant

giving it the opportunity to be heard, contrary to the rights of
defence and the principle of sound administration. As to
substance,
first misapplication of
alleges,
Article 93(c) and (f) of Regulation No 1605/03 and, secondly,
infringement of Article 96 of
the
principle of proportionality in determining the level of sanc-
tions. The applicant
further alleges a defective statement of
reasons in respect of the latter claims.

regulation and of

that

Community
sought:

trade mark

trade mark ‘COMP
Figurative
USA’ — Application
no
2 133 202 for
in
Classes 9 and 37 (items related
to computers)

goods

The applicant thus seeks compensation for the damage caused
by the sanctions unlawfully imposed by the contested decision;
such damage is not only economic in nature but
is also
detrimental to the image and reputation of the company.

Proprietor of mark or sign
cited in the opposition pro-
ceedings:

The applicant

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ 2002 L 248, p. 1).

Mark or sign cited in op-
position:

figurative

trade
The
mark ‘COMP USA’ for goods in
Class 39 (transport)

English

Decision of the Opposition
Division:

Rejection of the opposition

Action brought on 2 June 2003 by Alecansan, S.L. against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

(Case T-202/03)

(2003/C 184/109)

(Language of the case: Spanish)

Decision of
Appeal:

Pleas in law:

the Board of

Dismissal of the appeal

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(likelihood of confusion)

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 June 2003 by Alecansan, S.L., with its registered office in
Madrid, represented by María Baylos Morales, Pedro Merino
Baylos and Jesús Arribas García, lawyers at the Madrid Bar.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM

of 24 March 2003 in Case R 711/2002-1;

— annul

the decision of OHIM's Opposition Division of

17 June 2002;

— declare the mark claimed and the applicant's trade mark
with priority incompatible pursuant to Article 8(1)(b) of
Regulation No 40/94 on the Community trade mark;

— refuse registration of the Community trade mark ‘COMP

USA’, no 849 497, for Classes 9 and 37; and

— order the defendant, and the intervener if he intervenes in

the action for annulment, to pay the costs.

Pleas in law and main arguments

Applicant
trade mark:

for Community

CompUSA Management Com-
pany

Action brought on 11 June 2003 by Nicolas Georgio-
the
poulos

the Commission of

and Others

against

European Communities

(Case T-205/03)

(2003/C 184/110)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 June 2003 by Nicolas Georgio-
poulos, residing in Brussels, and 4 other officials, represented
by G. Bounéou and F. Frabetti,
lawyers, with an address for
service in Luxembourg.

The applicants claim that the Court should:
— annul the decision of the competent hierarchical authority
changing, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commis-
sion of
the procedure for
calculating the annual expense of travelling to Greece in
respect of the journey via Brindisi, as taken into consid-
eration for destinations in the Pelopponese;

the European Communities),

or, in the alternative,

2.8.2003

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Official Journal of the European Union

C 184/53

— annul the decision of the competent hierarchical authority
to reimburse, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commis-
sion of the European Communities), the cost of the sea
to various Greek frontier points
passage from Brindisi
Igoumenitsa, Patras) on the basis of an ‘aircraft
(Corfu,
type seat’ ticket;

— annul all

the applicants' pay slips

implementing the

decisions annulment of which is sought;

— reimburse to the applicants all

the amounts not paid
following implementation of the decisions annulment of
which is sought, together with legal interest;

— make the appropriate ruling as to costs and order the
Commission of the European Communities to pay those
costs.

Pleas in law and main arguments

The applicants in this case seek the annulment of the Commis-
sion's decision changing the method of calculating annual
travel expenses to Greece.

the European Communities),

the procedure for
sion of
calculating the annual expense of travelling to Greece in
respect of the journey via Brindisi, as taken into consid-
eration for the destination of Athens;

or, in the alternative,

— annul the decision of the competent hierarchical authority
to reimburse, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commis-
sion of the European Communities), the cost of the sea
passage from Brindisi
to various Greek frontier points
Igoumenitsa, Patras) on the basis of an ‘aircraft
(Corfu,
type seat’ ticket;

— annul all

the applicants' pay slips

implementing the

decisions annulment of which is sought;

— reimburse to the applicants all

the amounts not paid
following implementation of the decisions annulment of
which is sought, together with legal interest;

— make the appropriate ruling as to costs and order the
Commission of the European Communities to pay those
costs.

forward by the
The pleas in law and main arguments put
applicants in support of their application are similar to those
of the applicants in Cases T-221/02 (1) and T-44/03 (2).

Pleas in law and main arguments

(1) OJ C 247, 12.10.2002, p. 17.
(2) OJ C 101, 26.4.2003, p. 40.

Action brought on 11 June 2003 by Panayotis Adamo-
the
poulos

the Commission of

and Others

against

European Communities

(Case T-206/03)

(2003/C 184/111)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 June 2003 by Panayotis Adamo-
poulos, residing in Brussels, and 118 other officials, represented
by G. Bounéou and F. Frabetti,
lawyers, with an address for
service in Luxembourg.

The applicants claim that the Court should:

— annul the decision of the competent hierarchical authority
changing, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commis-

The applicants in this case seek the annulment of the Commis-
sion's decision changing the method of calculating annual
travel expenses to Greece.

The pleas in law and main arguments put
forward by the
applicants in support of their application are similar to those
of the applicants in Cases T-221/02 (1) and T-44/03 (2).

(1) OJ C 247, 12.10.02, p. 17.
(2) OJ C 101, 26.04.03, p. 40.

Action brought on 11 June 2003 by Athanassios Rammos
against the Commission of the European Communities

(Case T-207/03)

(2003/C 184/112)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 June 2003 by Athanassios
Rammos,
by
G. Bounéou and F. Frabetti, lawyers, with an address for service
in Luxembourg.

represented

in Uccle

(Belgium),

residing