Case T-193/03: Action brought on 20 May 2003 by Giuseppe Piro against the Commission of the European Communities
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), job satisfaction, staff assessment

2.8.2003

EN

Official Journal of the European Union

C 184/49

The application for increase in capacity of the applicant was
submitted by Ireland to the European Commission, who rejected
it in the contested decision.

In support of its present application, the applicant submits that
the Commission erred in law and in fact. According to the
applicant, the increase in capacity complies with the provisions
of Article 4(2) of Council Decision 97/413/EEC and is there-
fore eligible for approval.

that

submits

furthermore

the Commission
The applicant
violated the principle of
legal certainty, the applicant's legit-
imate expectations and the principle of non-retroactivity.
According to the applicant, the Commission applied criteria
which were not in existence at the time the replacement vessel
was ordered or at
the time the application for increase in
capacity was submitted to the Commission.

the applicant claims that

In addition,
the Commission had
regard to the nature of the applications for increase prior to
adopting the said criteria and applied criteria that discriminated
against the applicant. The applicant claims that the exception
for vessels lost at sea and allowing an increase in tonnage in
respect of these new vessels constitutes an unjustified discrimi-
nation.

The applicant also submits that the Commission violated the
principle of proportionality, failed to give adequate or sufficient
reasons and denied the applicant's right to be heard.

(1) OJ L 175, p. 27.

Action brought on 20 May 2003 by Giuseppe Piro against
the Commission of the European Communities

(Case T-193/03)

(2003/C 184/105)

(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 20 May 2003 by Giuseppe Piro,
resident
represented by
Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Étienne
Marchal, lawyers, with an address for service in Luxembourg.

in Wezembeek Oppem (Belgium),

The applicant claims that the Court should:

— order

the Commission to pay him EUR 1 as token

damages for the harm suffered;

— order the Commission to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant pleads breach of the
obligation to state reasons in that the appeal assessor, when
drawing up the applicant's report for 1999 to 2001, did not
indicate the reasons why he did not take account of the views
of the persons consulted or of the difficult working conditions.
Nor did he explain precisely why the general assessment made
by him was less favourable than that appearing in the staff
report drawn up before the appeal to the Joint Committee on
Staff Reports.

The applicant also pleads the non-material damage suffered by
reason of the belated drawing up of his staff report.

Action brought on 30 May 2003 by Il Ponte Finanziaria
S.p.A. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM)

(Case T-194/03)

(2003/C 184/106)

(Language of the case: Italian)

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
30 May 2003 by Il Ponte Finanziaria S.p.A., represented by
P.L. Roncaglia, A.T. Malaspina and M. Boletto, lawyers.

The other party to the proceedings before the Board of Appeal
was Marine Enterprise Projects Società Unipersonale di Alberto
Fiorenzi S.r.l.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 17 March 2003 in Case R 1015/
2001-4

— order the OHIM to dismiss the application for a Commu-
nity trade mark No 940007 BAINBRIDGE (figurative);

— annul the decision establishing the definitive staff report

for 1997 to 1999;

— order the OHIM to pay the costs.