Case T-213/03: Action brought on 13 June 2003 by Francesco Contesso against Commission of the European Communities
Date: 2003-08-23
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), job satisfaction, staff assessment

23.8.2003

EN

Official Journal of the European Union

C 200/29

these breaches, the applicant claims to have
As a result of
suffered loss. This loss consists firstly of the profits generated
by First Choice as reported in its audited accounts and that
would have accrued to the applicant if the acquisition had not
been prohibited by the Commission. Secondly, the applicant
claims the loss of synergy costs savings that would have been
obtained in consequence of the merger and, thirdly, the costs of
the abortive bid for First Choice which were wasted as a result
of the Decision of the Commission.

(1) 2000/276/EC: Commission Decision of 22 September 1999
declaring a concentration to be incompatible with the common
market and the EEA Agreement (Case IV/M.1524 — Airtours/First
Choice)
(Text
(notified under document number C(1999) 3022)
with EEA relevance) (OJ L 93 of 2000, p. 1).

(2) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (text repub-
lished in OJ L 257 of 1990, p. 13).

(3) Judgment of the Court of First Instance of 6 June 2002, Airtours/

Commission, T-342/99, ECR II-2585.

Action brought on 13 June 2003 by Francesco Contesso
against Commission of the European Communities

(Case T-213/03)

(2003/C 200/52)

(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 13 June 2003 by Francesco
Contesso, residing in Paris, represented by Sebastien Orlandi,
Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision drawing up the definitive staff report
for the period from 1 July 1999 to 30 June 2001;

— order the Commission to pay the applicant a token one
the non-material damage

euro for compensation for
sustained;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant pleads infringement
of the assessor's prior duty to consult senior assessors before
finalising the staff report, infringement of the assessor's duty to
require them to initial each of
the pages and to sign the
definitive staff report, infringement of the duty to give reasons,
in so far as the appeal assessor did not state why he did not
take account of
the hierarchical superiors
consulted.

the opinions of

Action brought on 13 June 2003 by SIGLA, S.A. against
the Office for Harmonisation in the Internal Market
(OHIM)

(Case T-215/03)

(2003/C 200/53)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 13 June 2003 by SIGLA,
S.A., with offices in Madrid, represented by E. Armijo Chávarri.

The applicant claims that the Court should:

— annul the decision of the Third Board of Appeal of OHIM
no. R 1127/2000-3 of 1 April 2003 on the ground that
it is inconsistent with Article 8(5) of Regulation No 40/
94;

— in the alternative, annul

the contested decision on the
ground that it prejudices SIGLA's rights of defence and
the principle underlying Article 74 of Regulation No 40/
94; and

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant
trade mark:

for Community

ELLENI HOLDING BV

Community
sought:

trade mark

Word mark ‘VIPS’ Application
No 459.875 sought
for pro-
ducts
services within
and
classes 9, 35 and 42 and, sub-
services
sequently,
within class 42 (computer pro-
gramming services
for hotels,
restaurants and cafes)

only

for

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

The applicant

Mark or sign cited in op-
position:

Spanish word mark ‘VIPS’
(re-
gistration No 551.436) for pro-
ducts of
class 42 (supplying
prepared food and drink for
consumption,
ser-
vice stations, canteens, bars and
cafeterias and hotel services)

restaurants,