Case T-205/04: Action brought on 8 June 2004 by Alessandro Ianniello against the Commission of the European Communities
Date: 2004-08-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), indemnification, professional career, report, staff assessment

C 217/26

EN

Official Journal of the European Union

28.8.2004

Action brought on 8 June 2004 by Alessandro Ianniello
against the Commission of the European Communities

(Case T-205/04)

(2004/C 217/47)

(Language of the case: French)

Action brought on 7 June 2004 (fax/e-mail: 2 June 2004)
by Fernando Rodrigues Carvalhais against the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case T-206/04)

(2004/C 217/48)

(Language of the case: Portuguese)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 June 2004 by Alessandro
Ianniello, residing at Brussels, represented by S. Rodrigues and
Y. Minatchy,
lawyers, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

— annul the decision of the appointing authority (AIPN) of 18
February 2004 replying to Mr Alessandro Ianniello's
complaint, and annul the career evaluation report estab-
lished with regard to him for the period from 1 July 2001
to 31 December 2002;

— declare that

the European Community is liable extra-
contractually because of the contested decision and the late
establishment of the career evaluation report concerning
the applicant
for the period from 1 July 2001 to 31
December 2002;

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 7 June
2004 (fax/e-mail: 2 June 2004) by Fernando Rodrigues Carval-
hais, represented by Paulo Graça, lawyer.

PROFILPAS, S.N.C. (Ufficio Veneto Brevetti) was also a party to
the proceedings before the Board of Appeal

The applicant claims that the Court should:

— annul the decision of 18 March 2004 (Joined Cases R
2407/2002 of 8 August 2002 and R 408/2003 1) of the
First Board of Appeal of the Office for the Harmonisation
of Internal Market (OHIM);

— order the defendant to pay the costs.

— award the applicant damages for the loss suffered, in the

sum of EUR 5 000;

Pleas in law and main arguments:

— order the defendant to pay all the costs.

Pleas in law and main arguments:

the AIPN's decision of 18
This action is brought against
February 2004 rejecting the applicant's complaint seeking the
reconsideration of his career evaluation report for the period
from 1 July 2001 to 31 December 2002, by which it was not
considered necessary to open an administrative enquiry on
certain documents produced to the Joint Evaluation Commis-
sion of the RELEX Directorate General.

In support of his claims, the applicant relies on breach of
certain essential procedural requirements, such as the rights of
the defence, the administration's duty of impartiality and the
duty to state reasons for its decisions.

In addition, the contested decision disregarded the applicant's
right to protection of his personal data, the duty to have regard
to the interests of officials and the principle of good adminis-
tration.

for
Applicant
Community trade
mark:

Community trade
mark sought:

Fernando Rodrigues Carvalhais

Figurative mark ‘PERFIX’, application
number 1635515 for goods
falling
within Classes 6 (Profiles of metal and
accessories), 17 (Profiles of plastic and
rubber and their accessories, joints and
trim elements in plastic material) and
(non-metallic),
19 (building materials
edging,
joints,
and
(trim)
edging, (trim) and marble joints, edging,
(trim)
in
(not encompassed by other
general
classes))

and joints

coverings

ceramic

for

Proprietor of mark
or sign cited in the
opposition
proceedings:

Mark or sign cited
in opposition.

PROFILPAS, S.N.C.

(Community
Figurative mark ‘CERFIX’
trade mark number 587725) and word
mark ‘PROFIX’ (Community trade mark
number 771196)