Case T-292/03: Action brought on 20 August 2003 by Messe Berlin GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), conduct of meetings, printing, trade event, trade-mark law

1.11.2003

EN

Official Journal of the European Union

C 264/33

The applicant finally submits that the Commission should
have initiated a
investigation procedure under
Article 88(2) EC given the complexity of the arguments in fact
and law raised by the applicant and the economic analysis
required.

formal

(1) Case C-53/00 Ferring [2001] ECR I-9067 and Case C-280/00
Altmark Trans GmbH and Regierungspräsidium Magdeburg, not
yet published in the ECR.

(2) Council Directive 92/49/EEC of 18 June 1992 on the coordination
of laws, regulations and administrative provisions relating to
direct insurance other than life assurance and amending Directives
73/239/EEC and 88/357/EEC (third non-life insurance Directive)
(OJ L 228, p. 1).

— from the failure to examine an unknown number of
candidates in the language which they had declared to be
their ‘principal’ language;

— from the failure to examine the applicant in the third
language declared by him, and also from the (in his
the candidates as
submission) different
regards examination of the third language and any further
languages known by them;

treatment of

— from the appointment of further members of the selection
board in addition to those initially appointed, after
notification of the names of the candidates admitted to
the oral examination, from the fact that the selection
board included two members appointed by the Staff
Committee instead of one, and from the alteration in the
composition of the board when the oral examinations
were conducted.

Action brought on 18 August 2003 by Georgios Pantoulis
against the Commission of the European Communities

(Case T-290/03)

(2003/C 264/56)

(Language of the case: Greek)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 August 2003 by Georgios
Pantoulis, resident in Brussels (Belgium), represented by Kharis-
sios Tagaras, lawyer.

The applicant claims that the Court should:

— annul the decision of the selection board for Competition
COM/A/6/01 — section 02 not to include him on the list
of successful candidates in that competition and the
defendant’s reply of 10 June 2003 by which it rejected his
complaint under no R/55/2003, lodged on 10 February
2003, requesting revocation of the selection board;

— order the defendant to pay his costs.

Pleas in law and main arguments

In support of his action, the applicant pleads breaches of the
competition notice, of the principles and rules governing the
functioning of selection boards, of the principle of equal
treatment and of the Staff Regulations (Annex III). In his
submission those breaches have arisen:

Action brought on 20 August 2003 by Messe Berlin
the Office for Harmonisation in the
GmbH against

Internal Market (Trade Marks and Designs)

(Case T-292/03)

(2003/C 264/57)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
20 August 2003 by Messe Berlin GmbH, Berlin, represented
by R. Lange and E. Schalast, lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 5 June 2003 (Case No R 646/
2001-2);

— order the defendant Office to pay the costs of the

proceedings.

Pleas in law and main arguments

Community trade mark
sought:

The word mark ‘HOMETECH’ —
application No 1985118

C 264/34

EN

Official Journal of the European Union

1.11.2003

Goods or services:

Goods and services in Classes 16
and 41

Action brought on 29 August 2003 by Proteco s.r.l.
against the Commission of the European Communities

Decision
before
Appeal:

contested
the Board of

Decision of the Board of
Appeal:

Pleas in law:

Refusal by the examiner to register
the mark in respect of ‘printed
matter’ in Class 16 and ‘arranging
and organising of trade fairs, exhi-
bitions, seminars and congresses’
in Class 41

Dismissal of the applicant’s appeal

(Case T-296/03)

(2003/C 264/59)

(Language of the case: Italian)

is

distinctive
— The mark
within
of
Article 7(1)(b) of Regulation
(EC) No 40/94;

the meaning

— The mark is not a descriptive
indication within the mean-
ing of Article 7(1)(c) of Regu-
lation (EC) No 40/94.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Proteco s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Action brought on 29 August 2003 by Poli Sud s.r.l.
against the Commission of the European Communities

Pleas in law and main arguments

(Case T-295/03)

(2003/C 264/58)

(Language of the case: Italian)

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Poli Sud s.r.l.,
represented by M.A. Calabrese, lawyer.

The applicant claims that the Court should:

— annul the contested refusal.

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).

(1) OJ C 146 of 21.6.2003, p. 43.

Action brought on 29 August 2003 by Tomasetto Achille
s.a.s. di Tomasetto Andrea & C. against the Commission
of the European Communities

(Case T-297/03)

(2003/C 264/60)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Tomasetto
Achille s.a.s. di Tomasetto Andrea & C., represented by
M.A. Calabrese, lawyer.