Case T-20/04: Action brought on 20 January 2004 by María Pilar Aguar Fernández and 126 others against Commission of the European Communities
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), pay, pension scheme

20.3.2004

EN

Official Journal of the European Union

C 71/39

Grounds of claim:

— The mark ‘PAPERLAB’

is
registrable in Class 9 because
it does not directly describe
the goods in any manner;

— The trade mark ‘PAPERLAB’
can serve as a mark in trade
to distinguish goods of the
applicant
from goods of
other traders;

— The Office for Harmonis-
ation in the Internal Market
has accepted several similar
trademarks.

(1) Decision of the First Board of Appeal of the Office for Harmonis-
(Trade Marks and Designs) of

ation in the Internal Market
17 November 2003 (Case R 842/2002-1).

2)

order the Commission to pay the costs.

Pleas in law and main arguments

The applicants in the present case, all officials and servants
posted to the Food and Veterinary Office, Dublin, contest the
pay slips and the back pay slips concerning them for the
period since 1 July 2002.

In support of their application, the applicants put forward a
single plea in law challenging the validity of the weighting
fixed for
Ireland by Council Regulation (EC, Euratom)
No 2265/2002 of 16 December 2002 (1) inasmuch as, contrary
to Article 64 of
the Staff Regulations which lays down
the principle of equal purchasing power between officials
irrespective of their place of work does, that weighting does
not offset the difference between the actual cost of living at
their place of work and that in Brussels. Specifically, they state
that setting the weighting at 124,8 does not meet such a
requirement.

Action brought on 20 January 2004 by María Pilar Aguar
Fernández and 126 others against Commission of the
European Communities

(1) OJ 2002 L 347, p. 1.

(Case T-20/04)

(2004/C 71/68)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 January 2004 by María Pilar
Aguar Fernández and 126 others, all residing in Ireland,
represented by Sébastien Orlandi, Albert Coolen, Jean-Noël
Louis and Etienne Marchal, lawyers, with an address for service
in Luxembourg.

The applicant claims that the Court should:

Action brought on 21 January 2004 by Fusion Electronics
Limited against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-21/04)

(2004/C 71/69)

(Language of the case: to be determined pursuant to article 131(2)
of the Rules of Procedure — language in which the case was
submitted: English)

1)

annul the decisions of the Commission establishing the
pay slips and the back pay slips in respect of the applicants
since 1 July 2002 pursuant to Council Regulation (EC,
Euratom) No 2265/2002 of 16 December 2002 adjusting
with effect from 1 July 2002 the remuneration and
pensions of officials and other servants of the European
Communities and the weightings applied thereto;

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
21 January 2004 by Fusion Electronics Limited, Auckland,
New Zealand, represented by Mr A. Roughton Barrister. Ford
Motor Company was also a party to the proceedings before
the Board of Appeal.