Case T-280/03: Action brought on 8 August 2003 by Van Mannekus & Co. B.V. against the Council of the European Union
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping measure, chemical product, import, originating product

C 251/16

EN

Official Journal of the European Union

18.10.2003

Pleas in law and main arguments

The pleas in law and arguments of the applicant are the same
as in Case T-278/03 (Van Mannekus v Council).

The applicants, who are the proprietors of a number of trade
marks and company names containing the word ‘Galileo’ as an
essential component, argue that the adoption of that word by
the Commission as the name for the Community project on
the European satellite radio navigation system infringes their
trade mark rights.

The action is based on Article 288 of the EC Treaty. The
applicants claim there is a likelihood of confusion based on
the alleged similarity between the signs in question and
between the goods and services sold by the applicants and
the subject-matter of the Community project. They also claim
that the Commission acted unfairly and negligently with regard
to their rights, and plead infringement of the principle of
proportionality.

Action brought on 8 August 2003 by Van Mannekus &
Co. B.V. against the Council of the European Union

(Case T-280/03)

(2003/C 251/30)

(Language of the case: German)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 8 August 2003 by Van Mannekus & Co. B.V.,
Schiedam (Netherlands), represented by H. Bleier, lawyer.

The applicant claims that the Court should:

— annul Council Regulation (EC) No 986/2003 of 5 June
2003 amending the antidumping measures imposed by
Regulation (EC) No 360/2000 on imports of dead-burned
(scintered) magnesia originating in the People's Republic
of China (1);

(1) OJ L 143, p. 5.

Action brought on 5 August 2003 by Xanthippi Liakoura
against the Council of the European Union

(Case T-281/03)

(2003/C 251/31)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of
the European
Communities on 5 August 2003 by Xanthippi Liakoura,
residing in Brussels, represented by Jean A. Martin, lawyer.

Justice of

The applicant claims that the Court should:

— annul the decision of the Council of 5 May 2003 in so far

as it does not:

1.

delete, from the definitive report for the period from
1 July 1999 to 30 June 2001, the following words
included under general observations: ‘She is encour-
aged to resume tasks of coordination and distribution
of work in the Pool which she has performed
efficiently in the past’;

2.

include a reference in that report to her ‘capacity for
mobility and versatility’;

— order the Council of the European Union to pay all the

costs.

— order the Council to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

By the contested regulation the Council altered the nature of
antidumping duties on imports of dead-burned magnesia ori-
ginating in the People's Republic of China on the basis of a
partial interim review.

The applicant
takes issue with the appointing authority's
refusal to delete one phrase and include another in her staff
report for the period from 1 July 1999 to 30 June 2001.