Case T-285/04: Action brought on 13 July 2004 by Michel Andrieu against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, professional career, report, staff assessment

23.10.2004

EN

Official Journal of the European Union

C 262/35

Pleas in law and main arguments:

Community trade mark
sought:

Three-dimensional mark in the
form of a design for kitchen
towels.

Goods or services:

Goods in Class 16 (rolls of paper
for household use, kitchen towels,
hand towels of paper) — Applica-
tion No 2 101 277.

— find that the European Community bears extra-contractual
liability on account of
the contested decision and the
belated establishment of the applicant's career development
report;

— award the applicant damages and interest for professional
harm, material harm and non-material harm sustained in a
total amount of EUR 64,468, including nominal damages
of EUR 1 for mental harassment;

— order the defendant to pay all the costs.

Decision
before
Appeal:

contested
the Board of

Refusal to register by the exam-
iner.

Pleas in law and main arguments:

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

The contested decision infringes
Article 7(1) of Regulation (EC)
No 40/94.

The sign is clearly capable of
being represented graphically for
the purposes of Article 7(1)(a) and
Article 4 of the Regulation.

The sign is not descriptive or
customary and does not consist of
a
from the
resulting
natureof the goods.

shape

The sign is sufficiently distinctive
to satisfy the
requirements of
Article 7(1)(b) of the Regulation.

The present action is brought against the decision adopted on
31 March 2004 by the Director of Personnel and Administra-
tion of the Commission, rejecting the applicant's complaint
submitted in the context of the establishment of his career
development
the period 1 July 2001 to 31
report
September 2002 (REC 2001-2002).

for

The applicant disputes the legality of that decision and also the
legality of REC 2001-2002 on which the decision is based.

In support of his claims, the applicant alleges:

— Breach of the rights of the defence, having regard in par-
ticular
to the non-classification of certain elements of
assessment in the applicant's staff file, their partial tran-
scription on the computerised system ‘SYSPER2’ and the
fact that it was impossible to identify the reference REC to
be taken into account;

— Breach of procedural guarantees, owing in particular to the
conflict of interests on the part of the assessor and vali-
dator, and also breach of certain procedures for the imple-
mentation of Articles 43 and 45 of the Staff Regulations;

Action brought on 13 July 2004 by Michel Andrieu
against the Commission of the European Communities

— Manifest error of assessment;

— Failure to comply with the obligation to state reasons.

(Case T-285/04)

(2004/C 262/67)

(Language of the case: French)

Action brought on 15 July 2004 by Dimitra Lantzoni
against the Court of Justice of the European Communities

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 13 July 2004 by Michel Andrieu,
residing in Saint-Mande (France), represented by S. Rodrigues
and Y. Minatchy, lawyers, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

(Case T-289/04)

(2004/C 262/68)

(Language of the case: French)

— annul

the decisions of

the appointing authority of 30
March 2004 replying to the applicant's complaint and also
annul the career development report drawn up in respect of
the applicant for the period 1 July 2001 to 31 December
2002;

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 July 2004 by Dimitra Lantzoni,
residing in Übersyren (Luxembourg),
represented by Clara
Marhuenda, lawyer, with an address for service in Luxembourg.