Case T-173/04: Action brought on 14 May 2004 by Jürgen Carius against Commission of the European Communities
Date: 2004-07-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional career, report, staff assessment

C 179/16

EN

Official Journal of the European Union

10.7.2004

— register the Community trade mark No 1.694.157 ‘emergia’
(figurative mark)
to designate ‘telecommunications by
networks of undersea cables for the electronic transmission
of voice, data and video communications’ in class 38 of the
International Classification; and

— order the Office for Harmonisation in the Internal Market
and any party entering an appearance as intervener to pay
the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition.

The applicant.

Figurative mark ‘emergia’– applica-
tion No 1.694.157 for products
and services in Classes 9, 38 and
42.

D. Branch.

word

products

for
including,
transmission

mark
Community
and
‘EMERGEA’
in class 38,
services
service
by
‘data
national
international
networks and communications by
computer terminals’.

and

residing at Brussels, represented by N. Lhoëst, lawyer, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the decision of the Director General of DG ADMIN
of 21 May 2003 which confirms, without amendment, the
applicant's career development review for the period from
1 July 2001 to 31 December 2002;

— Annul, so far as necessary, the Commission's Decision of
23 December 2003, rejecting the applicant's complaint;

— Order the defendant to pay all the costs of the proceedings.

Pleas in law and main arguments:

In support of his action, the applicant pleads the illegality of
the new appraisal system based on non-objective criteria which
do not enable the subject to ascertain, in sufficient time, the
contents of his appraisal report in order to be able, if appro-
priate, to submit observations to the appraiser.

The applicant also pleads infringement of the duty to state
reasons, in that the significant decline in the appraisal of his
merits was not properly explained, and a manifest error of
assessment.

Decision of the Opposi-
tion Division:

Opposition upheld in part in so
far as the opposition concerned
‘tele-communications, communica-
tions by computer networks’
in
class 38.

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed.

Article 8(1)(b) of Regulation No
40/94 (likelihood of confusion)
wrongly applied.

Action brought on 14 May 2004 by Jürgen Carius against
Commission of the European Communities

(Case T-173/04)

(2004/C 179/31)

(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 14 May 2004 by Jürgen Carius,

Action brought on 6 May 2004 by Petrotub S.A., against
the Council of the European Union

(Case T-174/04)

(2004/C 179/32)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 6 May 2004 by Petrotub S.A., Roman,
Romania, represented by Mr A.L. Merckx,
lawyer, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— Annul Article 1 of Council Regulation (EC) No 235/2004
of 10 February 2004 amending Regulation (EC) No
2320/97 imposing definitive
anti-dumping duties on
imports of certain seamless pipes and tubes of iron or non-
alloy steel originating in, inter alia, Romania in so far as it
concerns
into the European Community of
products manufactured by Petrotub S.A. and Republica
S.A (1).

imports

— order the defendant to pay the costs