Case T-169/04: Action brought on 12 May 2004 by Calliope S.A. against the Office for Harmonisation in the Internal Market
Date: 2004-07-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), insecticide, trade-mark law

C 179/14

EN

Official Journal of the European Union

10.7.2004

Action brought on 13 May 2004 by Carmelo Morello
against the Commission of the European Communities

Action brought on 12 May 2004 by Calliope S.A. against
the Office for Harmonisation in the Internal Market

(Case T-166/04)

(2004/C 179/27)

(Case T-169/04)

(2004/C 179/28)

(Language of the case: French)

(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 13 May 2004 by Carmelo Morello,
living in Brussels, represented by Jacques Sambon and Pierre
Paul Van Gehuchten,
lawyers, with an address for service in
Luxembourg.

The applicant claims that the Court should:

1. Annul the implied rejection of his application of 28 March
2003 and so far as necessary annul the rejection of his
complaint;

2. Order the Commission to pay him EUR 1 000 000 in
damages for non-material damage and EUR 1 000 000 in
damages for material damage;

3. Order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official, had applied in the
context of another case for the annulment of the nomination
of another official to a post of head of unit for which he had
himself applied. The Court of First Instance upheld his action
by annulling the appointment in question.

At the time of the delivery of the judgment in the previous
case, the official appointed to the post in question had already
been promoted and moved to another post, while the post of
head of unit thus vacated had been filled by the reinstatement
of another official at the end of his leave on personal grounds.

After the delivery of the judgment in the previous case, the
applicant applied to the Commission for implementation of the
judgment in question, and then lodged a complaint against the
implied rejection of his application. The Commission rejected
that complaint, holding that,
in the absence of an available
post, it was unable to take measures implementing the previous
judgment.

The present action is directed against the rejection of the appli-
cant's application. In support of his claims, the applicant pleads
infringement of Article 233 EC, infringement of Articles 4, 7,
24, 25 and 45 of the Staff Regulations, infringement of the
principle of sound administration and misuse of powers or
procedure. He also claims to have suffered material and non-
material damage by losing a serious chance of reaching Grade
A3 by the end of his career, and seeks compensation in that
regard.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 12 May 2004 by Calliope S.A.,
established in Mourenx (France),
represented by Stéphanie
Legrand, lawyer.

BASF AG was also a party to the proceedings before the Board
of Appeal.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
OHIM of 4 March 2004 dismissing appeal No R 289/2003-
1;

— order the OHIM to register the application for Community
trade mark ‘CARPOVIRUSINE’ No 1 422 641 for the goods
referred to in the application;

— order the OHIM 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:

Applicant

Word mark ‘CARPOVIRUSINE’ –
application No 1 422 641 in
respect of goods in Class 5 (insec-
ticides etc.)

BASF AG

National and international word
mark ‘CARPO’ for goods in Class
5

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

Pleas in law:

the Board

Appeal dismissed

Wrongful application of Article
8(1)(b) of Regulation (EC) No
40/94 1

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community

trade mark (OJ 1994 L 11 of 14.01.94, pp. 1-36).