Case T-305/04: Action brought on 26 July 2004 by Eden against the Office for Harmonisation in the Internal Market (OHIM)
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

23.10.2004

EN

Official Journal of the European Union

C 262/41

Pleas in law and main arguments:

Pleas in law and main arguments:

The applicant is part of a consortium that was the successful
tenderer as service provider for ESP Lot 5, web applications.
ESP Lot 4, Data/Information management applications, was
awarded to another consortium.

Community trade mark
sought:

Olfactory mark
‘ODEUR DE
FRAISE MÛRE’ accompanied by
a graphic
a
of
strawberry
Registration
No 001122118.

representation

—

According to the applicant, the tender contested in the present
application, ESP-DIMA, was based on the wrong assumption
that the provision of services for data and information manage-
ment constitutes a new market and that the use of ESP Lot 4
had exceeded all expectations. The applicant submits that the
Commission has wrongly allocated work to ESP Lot 4 that,
according to the applicant, actually fell within ESP Lot 5. The
applicant states that, as a result,
the Commission had to
increase the budget forecast for ESP Lot 4 and issue a new
tender ESP-DIMA while the budget used for ESP Lot 5
remained behind the provisions.

furthermore submits

the Commission
The applicant
infringed an essential procedural requirement in that at least
one member of the evaluation committee of the contested
tender had a conflict of interest with the applicant.

that

the applicant claims

Finally,
second
successful tenderer for ESP-DIMA is not sufficiently justified.
The applicant also submits that the Commission refused to
disclose information regarding the evaluation report.

ranking as

that

its

Action brought on 26 July 2004 by Eden against the
Office for Harmonisation in the Internal Market (OHIM)

(Case T-305/04)

(2004/C 262/78)

(Language of the case: French)

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 26 July 2004 by Eden, estab-
lished in Paris, represented by M. Antoine-Lalance, lawyer.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM of

24 May 2004 (Case R 591/2003-4);

Goods or services:

Goods in Classes 3, 16, 18 and
25.

Decision
before
Appeal:

contested
the Board of

Refusal
examiner.

to

register

by

the

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

Infringement of Article 7(1)(a) of
Regulation No 40/94.

Action brought on 15 July 2004 by Monika Luxem against
the Commission of the European Communities

(Case T-306/04)

(2004/C 262/79)

(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 15 July 2004 by Monika Luxem,
residing 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 of First Instance should:

— annul the Commission's decision not to appoint her an offi-
cial of the European Communities, not to assign her to DG
DEV/A 2 to the post declared vacant under reference COM/
2002/6022/F and refusing to assign her to any other post
corresponding to her abilities and her professional qualifica-
tions and experience;

— order OHIM to pay the costs.

— order the defendant to pay the costs.