Case T-333/04: Action brought on 11 August 2004 by House of Donuts International against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, confectionery product, non-alcoholic beverage, trade-mark law

C 300/42

EN

Official Journal of the European Union

4.12.2004

Action brought on 6 August 2004 by F against

the

Pleas in law and main arguments:

Commission of the European Communities

(Case T-324/04)

(2004/C 300/83)

(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 6 August 2004 by F, residing in
Rhode St Genèse (Belgium),
represented by Eric Boigelot,
lawyer.

The applicant claims that the Court should:

— annul the decision of 8 January 2004 of the PMO2 (Office
for the Administration and Payment of Individual Entitle-
ments - Wages and salaries, expenses for business travel,
experts) laying down detailed arrangements for an initial
recovery of undue payments received by the applicant;

— annul the decision of 18 November 2003 of the PMO1
(Office for the Administration and Payment of Individual
Entitlements – Administration of individual pecuniary enti-
tlements) cancelling the expatriation allowance previously
paid to the applicant;

— annul the decision of the PMO2 of 9 February laying down
detailed arrangements for the recovery of undue payments
received by the applicant;

— annul the decision of the appointing authority of 2 July
2004 served on the applicant on 7 July 2004 replying to
the complaint lodged by the applicant;

— annul any measure resulting from or relating to those deci-

sions taken after the lodging of this action;

— order the reimbursement of all sums which have been or
will be deducted from the salary of the applicant from
February 2004 onwards with interest at 5.25 % from the
date of the lodging of the complaint;

— grant

loss
the applicant compensation for non-material
assessed ex aequo et bono at EUR 3 000 by way of
damages, without prejudice to any increase during the
proceedings;

— order the defendant to pay the costs in any event, including
the fees of counsel consulted by the applicant in order to
bring the action.

The applicant took up his duties with the Commission on 16
September 1987. Having initially worked in Luxembourg, he
has worked in Brussels since 1 April 1989. The applicant
received the expatriation allowance both in Luxembourg and in
Brussels.

By the contested decisions the Commission cancelled that
allowance with effect from the applicant's transfer to Brussels,
having become aware that the applicant had lived and worked
in Brussels during the reference period, that is to say, from 16
March 1982 to 15 March 1987. The Commission also laid
down the arrangements for
the undue
payments received by the applicant.

the repayment of

In support of his application the applicant pleads the infringe-
ment of Articles 69 and 85 of the Staff Regulations, of Article
4 of Annex VII to the Staff Regulations and of the principles of
good administration, the protection of legitimate expectations
and equal treatment. He also pleads breach of the duty to have
regard for the welfare of officials and manifest errors of assess-
ment. On that point, the applicant first points out that, during
the reference period, he worked for a foreign professional orga-
nisation of steel companies. According to the applicant, that
organisation should be considered to be an international orga-
the period during which he was
nisation and,
working there should not be taken into account. The applicant
also argues that, in any event, for most of the reference period
he was not in Brussels on a permanent basis as his economic
activities at that time were concentrated abroad.

therefore,

Action brought on 11 August 2004 by House of Donuts
International against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-333/04)

(2004/C 300/84)

(Language in which the application was lodged: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 11
August 2004 by House of Donuts International, George Town,
Grand Cayman (British West Indies) represented by N. Decker,
lawyer with an address for service in Luxembourg.

4.12.2004

EN

Official Journal of the European Union

C 300/43

Panrico S.A. was also a party to the proceedings before the
Board of Appeal.

Action brought on 23 August 2004 by Parfümerie Douglas
GmbH against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

The applicant claims that the Court should:

— declare that the Community Trade Mark application No.

474 486 of the applicant has to be accepted;

— annul the Decision of the Fourth Board of Appeal of the

OHMI of 12 May 2004 (Case R 1034/2001-4);

— order the opponent to bear the costs incurred by the appli-

cant.

Pleas in law and main arguments:

(Case T-349/04)

(2004/C 300/85)

(Language in which the application was drafted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 23
August 2004 by Parfümerie Douglas GmbH, whose registered
office is in Hagen (Germany), represented by C. Schumann,
lawyer.

The other party before the Board of Appeal was Jürgen Heinz
Douglas, Hamburg (Germany).

Applicant
munity trade mark:

for

Com-

The applicant

The applicant claims that the Court should:

Community trade mark
concerned:

The figurative mark AHouse of
donuts@ for goods and services in
classes 30, 32 and 42 (e.g. dough-
nuts, muffins, croissants, mineral
and aerated waters and restaurant,
cafeteria and catering services) B
application No. 474 486

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Panrico S.A.

Trade mark or
cited in opposition:

sign

and
The Spanish word marks
figurative marks ADONUT@ and
Adonuts@ for goods and services
in classes 30, 32 and 42 (e.g. all
confectionary, pastry,
kinds of
fruit drinks
sweets and candies,
and fruits juices and services of
cafeteria, bar, restaurant, hotel and
camping)

Decision of the Opposi-
tion Division:

Rejection of the trade mark appli-
cation

Decision of
of Appeal:

the Board

Dismissal
appeal

of

the

applicant=s

Pleas in law:

The trade marks in competition
similar. The opponent
are not
should not be granted the exclu-
sive use of the words Adonut@ or
Adonuts@.

— declare admissible the action together with accompanying
documents, declare that the appeal against the Decision of
the Fourth Board of Appeal of 24 May 2004 in Case R 795/
2002-4 was brought in a correct and timely manner and
annul that decision, reject the notice of opposition and
order the Office for Harmonisation in the Internal Market
to pay the costs.

Pleas in law and main arguments:

Applicant for the Com-
munity trade mark:

Community trade mark
applied for:

Proprietor of the mark
or sign asserted by way
of opposition in the
opposition proceedings:

Mark or sign asserted
by way of opposition:

The applicant

for

services

The word mark ‘Douglas beauty
spa’
in Class 39
(Travel arrangement, escorting of
travellers; arranging reservations
for hotel rooms and other accom-
modation) – Application No 1 459
197

Jürgen Heinz Douglas

for

The German mark ‘Douglas Tour-
in Class 39
istik’
(Travel
rental of
motor vehicles and boats).

services
arrangement;

Decision of the Opposi-
tion Division:

Rejection of
registration

the application for

Decision of the Appeal
Board:

Dismissal of
by the applicant

the appeal brought

Pleas in law:

Infringement of Articles 42, 43,
74 and 79 of Council Regulation
(EC) No 40/94 in conjunction
with Rules 15, 16 and 18 of
Commission Regulation (EC) No
2868/95