Judgment of the Court of First Instance of 22 June 2004 in Case T-185/02: Claude Ruiz-Picasso and Others v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Regulation (EC) No 40/94 — Opposition — Likelihood of confusion — Application for Community word trade mark PICARO — Earlier word trade mark PICASSO)
Date: 2004-09-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), motor car, spare part

11.9.2004

EN

Official Journal of the European Union

C 228/37

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 June 2004

in Case T-276/01: Mély Garroni v European Parliament (1)

(Officials — Auxiliary staff — Conference Interpreter —
Article 74 of the conditions of employment of other staff —
Termination of employment)

(2004/C 228/81)

(Language of the case: French)

lawyer, against

In Case T-276/01: Mély Garroni, residing at Rome (Italy), repre-
sented by G. Vandersanden,
the European
Parliament (Agents: H. von Hertzen and J. de Wachter, with an
first,
address for service in Luxembourg)
annulment of the decision to no longer employ Conference
Interpreters aged 65 or more and, secondly, damages - the
Court of First Instance (Fifth Chamber), composed of R. García-
Valdecasas, President, P. Lindh and J.D. Cooke, Judges; for the
J. Palacio Gonzalez, Principal Administrator, has
Registrar:
given a judgment on 10 June 2004, in which it:

- application for,

1. Annuls the Parliament's decision of 24 January 2001 and the
Parliament's decision of 20 July 2001 rejecting the applicant's
complaint;

2. Dismisses the rest of the application;

3. Orders the Parliament to bear all the costs.

(1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 June 2004

in Case T-307/01: Jean-Paul François v Commission of the
European Communities (1)

(Officials — Disciplinary regime — Relegation in step —
Caretaking contract of
the Commission's buildings —
Reasonable time-limit — Criminal proceeding — Action for
damages)

(2004/C 228/82)

(Language of the case: French)

Jean-Paul François, an official of

In Case T-307/01:
the
Commission of the European Communities, residing at Wavre
(Belgium), represented by A. Colson, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agent: J. Currall assisted by B. Wägenbaur,
lawyer, with an address for service in Luxembourg) – applica-
tion for, first, annulment of the Commission's decision of 5
April 2001 imposing on the applicant the disciplinary sanction
of relegation in step and, secondly, damages to compensate for
the material and non-material damage which the applicant
claims to have suffered – the Court of First Instance (Fifth

Chamber), composed of P. Lindh, President, R. García-Valde-
I. Natsinas,
casas and J.D. Cooke,
Administrator, has given a judgment on 10 June 2004,
in
which it:

Judges; for the Registrar:

1. Annuls the Commission's decision of 5 April 2001 imposing on

the applicant the disciplinary sanction of relegation in step;

2. Orders

the Commission to pay

the applicant damages of
EUR 8 000 in respect of the non-material damage suffered by
him;

3. Orders the Commission to pay all the costs.

(1) OJ C 56, 2.3.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 June 2004

in Case T-185/02: Claude Ruiz-Picasso and Others v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Regulation (EC) No 40/94 —
Opposition — Likelihood of confusion — Application for
Community word trade mark PICARO — Earlier word trade
mark PICASSO)

(2004/C 228/83)

(Language of the case: German)

(OHIM)

(Agents: G. Schneider

residing in Paris
In Case T-185/02: Claude Ruiz-Picasso,
(France), Paloma Ruiz-Picasso,
residing in London (United
Kingdom), Maya Widmaier-Picasso, residing in Paris, Marina
Ruiz-Picasso, residing in Geneva (Switzerland), Bernard Ruiz-
lawyer,
Picasso, residing in Paris, represented by C. Gielen,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
and
U. Pfleghar), the other party to the proceedings before the
Board of Appeal of OHIM, intervener before the Court, being
DaimlerChrysler AG, established in Stuttgart (Germany), repre-
sented by S. Völker,
lawyer, with an address for service in
Luxembourg — Appeal against the decision of the Third Board
of Appeal of OHIM of 18 March 2002 (Case R 0247/2001-3)
relating to opposition proceedings between the Picasso estate
and DaimlerChrysler AG — the Court of First Instance (Second
Chamber), composed of N.J. Forwood, President, J. Pirrung and
A.W.H. Meij,
for the
Registrar, has given a judgment on 22 June 2004, in which it:

Judges; D. Christensen, Administrator,

1) Dismisses the action;

2) Orders the applicants to pay the costs.

(1) OJ C 202 of 24.8.2002.