Case T-347/04: Action brought on 17 August 2004 by Pascal Millot against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European official, action by staff, personnel administration, professional career, staff assessment

23.10.2004

EN

Official Journal of the European Union

C 262/57

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

The applicant.

discrimination, since it was taken without considering the
option of allowing him additional seniority in his grade on
account of his training and professional experience prior to his
recruitment.

Community trade mark
sought:

Three-dimensional mark ‘ARTHUR
ET
FELICIE’ — Application
No 0373787.

Goods or services:

Goods in Classes 16, 24 and 25.

Proprietor of mark or
sign cited in opposition:

L.T.J. Diffusion.

Mark or sign cited in
opposition:

National trade mark ‘ARTHUR’ for
Class 25 (clothing).

Decision of the Opposi-
tion Division:

Rejection of the opposition.

Action brought on 20 August 2004 by Société Internatio-
nale de Diffusion et d'Édition against the Commission of
the European Communities

(Case T-348/04)

(2004/C 262/105)

Decision of
of Appeal:

the Board

Annulment of the decision of the
Opposition Division.

(Language of the case: French)

Pleas in law:

Misapplication of Article 8(1)(b) of
Regulation (EC) No 40/94.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 August 2004 by Société Interna-
tionale de Diffusion et d'Édition (SIDE), established in Vitry-sur-
Seine (France), represented by Nicole Coutrelis and Valérie
Giacobbo, lawyers, with an address for service in Luxembourg.

Action brought on 17 August 2004 by Pascal Millot
against the Commission of the European Communities

The applicant claims that the Court should:

(Case T-347/04)

(2004/C 262/104)

(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 17 August 2004 by Pascal Millot,
resident in Brussels, represented by Sébastien Orlandi, Albert
Coolen, Jean-Noël Louis and Etienne Marchal, lawyers, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul Article 1, last sentence, of the Commission decision
of 20 April 2004 concerning the implementation by France
of aid in favour of the Coopérative d'Exportation du livre
français (CELF);

— in the alternative, annul Article 1, last sentence, of the deci-
sion insofar as it declares the aid compatible before 1994
or, alternatively, 1997 or 1999;

— in the further alternative, annul Article 1, last sentence, of
the decision insofar as it declares the aid compatible before
1 November 1993;

— order the Commission to pay the costs.

— annul the Commission's decision of 11 September 2003
definitively setting the applicant's grading at the first step in
Grade A6;

Pleas in law and main arguments:

— order the Commission to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant argues that the contested
decision infringes the second paragraph of Article 32 of the
Staff Regulations and the principle of equal treatment and non-

The applicant is an export agency for French-language books.
In 1992, it lodged a complaint with the Commission relating
to aid paid since 1977 by the French Government to the
(CELF). The
Coopérative d'Exportation du Livre Français
Commission adopted decisions pursuant
to that complaint.
Those decisions were annulled by judgments of 18 September
1995 in Case T-49/93 and of 28 February 2002 in Case T-
155/98. Further to the second judgment,
the Commission
adopted a third decision which is challenged in this action.