Case T-5/04: Action brought on 2 January 2004 by Carlo Scano against the Commission of the European Communities
Date: 2004-03-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, competition (EU)

6.3.2004

EN

Official Journal of the European Union

C 59/35

Action brought on 2 January 2004 by Carlo Scano against
the Commission of the European Communities

Action brought on 7 January 2004 by Shaker s.a.s. di
Lucia Laudato & C. against the Office for Harmonisation
in the Internal Market (Trade Marks and Designs)

(Case T-5/04)

(2004/C 59/55)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 January 2004 by Carlo Scano,
resident in Brussels (Belgium), represented by Marc-Albert
Lucas, lawyer.

The applicant claims that the Court should:

— annul the decision of the selection board in Competition
COM/PA/02 determining the applicant’s results in the
pre-selection tests;

— annul the list of successful candidates in Subject Area
No 3 of the competition and any decision adopted on
that basis;

— order the Commission to pay to him compensation for
non-material damage to him in a sum to be fixed by the
Court;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, who lodged his candidature for Competition
COM/PA/02 for promotion from category B to category A,
choosing the subject area ‘Human Resources Management/
Administrative Organisation and Coordination’, seeks firstly
the annulment of the selection board’s decision determining
his results in the pre-selection test and on that basis refusing
to admit him to the oral test.

In support of his claims the applicant pleads a breach of the
principles of good administration, of the duty to have regard
for the interests of officials, and of the principles of equal
treatment of candidates throughout
the competition and
of objectivity when choosing between them. He claims,
furthermore, that there was a manifest error of assessment in
that the sixth multiple choice question in the Italian version of
the verbal and numerical test contained differences, caused by
translation errors,
from the English and French versions.
Consequently the applicant, who had opted for the Italian
version, logically chose an answer considered incorrect and
did not choose that considered correct, unlike candidates who
had opted for the other two language versions.

(Case T-7/04)

(2004/C 59/56)

(Language of the case: Italian)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 7 January 2004 by Shaker s.a.s. di
Lucia Laudato & C., represented by F. Sciaudone, lawyer. The
other party to the proceedings before the Board of Appeal was
Liminana y Botella S.L.

The applicant claims that the Court should:

— annul the contested decision and/or vary it by rejecting
the opposition by Liminana y Botella S.L., and by granting
the application for registration of the Community trade
mark submitted by the applicant;

— order OHIM to pay the costs of these proceedings.

Pleas in law and main arguments

Party seeking the regis-
tration of
the Com-
munity trade mark:

Relevant
mark:

Community

Owner of the mark or
distinctive sign asserted
in the opposition pro-
ceedings:

Mark or distinctive sign
asserted in the oppo-
sition proceedings:

Opposition Division’s
decision:

The applicant

application

Figurative mark ‘Limoncello della
Costiera Amalfitana-Shaker’ —
Registration
No
1267434 for products in Class-
es 29, 32 and 33 (jellies, preserves,
jams and liqueurs), subsequently
limited to Classes 29 and 33.

Liminana y Botella S.L.

Spanish word mark ‘limonchelo’,
for products in Class 33.

Opposition upheld and appli-
cation for registration rejected,
limited to Class 33.

Appeal Board’s decision:

Appeal dismissed.