Case T-281/04: Action brought on 9 July 2004 by Paola Staboli against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, regulations for civil servants, rights of civil servants, training leave, translation

C 262/34

EN

Official Journal of the European Union

23.10.2004

Action brought on 9 July 2004 by Paola Staboli against the
Commission of the European Communities

(Case T-281/04)

(2004/C 262/65)

(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 9 July 2004 Paola Staboli, residing
in Saint-Gilles (Belgium), represented by L. Vogel, lawyer.

The applicant claims that the Court should:

— annul

the decisions of

the appointing authority of 12
March 2004 and 6 April 2004 rejecting the applicant's
complaint of 29 August 2003 whereby she criticised a deci-
sion of 9 May 2003 refusing to allow her, as part of a
training programme, to take part in two conferences given
in Melbourne and Perth between 26 June and 5 July 2003
and also refusing to grant her training leave for that
purpose;

— so far as may be necessary, also annul the abovementioned
decision of 9 May 2003, adopted by the Director-General
of the Commission's translation service;

dule for the year 2003 referred expressly to it under the
head of training and, furthermore, one of the objectives of
officials' permanent training is specifically to ensure their
in the
and their
personal development
enhancement of
the
Commission.

the reputation and excellence of

involvement

— Breach of the principle of non-discrimination, and also the
existence in the present case of a manifest error of assess-
ment, in that the appointing authority refuses to accept that
the topic dealt with at the conferences in question (litera-
ture in the middle ages, and more particularly the works of
Dante) comes within the applicant's continuous training,
whereas the subject is directly connected with her activities
within the translation service and, moreover, training leave
is regularly granted to other officials for comparable activ-
ities.

Action brought on 9 July 2004 by Georgia-Pacific S.A.R.L.
the Office for Harmonisation in the Internal
against

Market (OHIM)

(Case T-283/04)

(2004/C 262/66)

— order the Commission to pay the sum of EUR 5,000 by

way of damages and interest;

(Language of the case: French)

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant challenges the appointing authority's decision
refusing her request for training leave in order to participate, as
a speaker,
in
Australia, between 26 June and 5 July 2003.

in conferences given in Melbourne and Perth,

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 9 July 2004 by Georgia-
Pacific S.A.R.L., established in Luxembourg, represented by R.
Delorey, lawyer.

In support of her claims, the applicant alleges:

The applicant claims that the Court should:

— Breach of the third paragraph of Article 24 of the Staff
Regulations, of
the decision adopted by the College of
Commissioners on 7 May 2002, and in particular of Arti-
cles 1, 2 and 3 thereof, and also of the decision approving
the
the applicant's training schedule for 2003,
request for training leave in question was refused on the
ground that the it related solely to activities connected with
her personal development whereas, first, her training sche-

in that

— annul and alter the decision of the First Board of Appeal of
the Office in so far as it held that the mark applied for
under No 2 101 277 was devoid of distinctive character
throughout the Community in relation to ‘rolls of paper for
household use, kitchen towels, hand towels of paper’ and,
when giving a new ruling, hold that the mark refused is
distinctive.