Case T-424/04: Action brought on 15 October 2004 by Angel Angelidis against European Parliament
Date: 2004-12-18
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), professional career, regulations for civil servants, staff assessment

18.12.2004

EN

Official Journal of the European Union

C 314/25

The applicant claims that the Court should:

Action brought on 15 October 2004 by Angel Angelidis
against European Parliament

— vary the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) (OHIM) of 30 June 2004 in Case R
458/2002-4 as regards its findings as to the similarity of
the signs and the goods, ordering that the opposition be
rejected and the application granted in respect of all the
goods for which protection is sought; and

— in the alternative, annul the decision and refer the case back
to the opposition division in order that a new and accurate
comparison of the remaining signs may be carried out,
regard being had to the visual and phonetic differences
between ‘BOOTS & SHOES B.K.R. MADE IN SPAIN’ and
‘BK RODS’ and to their compatibility on the market, there
being no risk that consumers associate them as regards the
origin and quality of the goods which they designate.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Decision of the Opposi-
tion Division:

BUNKER,

S.A.
CALZADOS
(ownership in the application was
subsequently transferred to the
applicant).

Figurative mark comprising the
initials ‘BKR’ set
in a diamond
shape, with the words ‘Boots &
Shoes — Made in Spain’ — Appli-
cation No 649.756 for goods in
classes 18 and 25 and services in
class 39.

MARINE STOCK LIMITED.

(No 149.254)

trade marks,
Various national
including the Austrian word mark
‘BK RODS’
for
goods in class 25 (clothing and
footwear). The opposition was
directed against all the goods and
services
covered by the Com-
munity trade-mark application at
issue in the proceedings.

Opposition upheld in respect of
the goods in class 25 and rejected
in respect of goods in class 18 and
services in class 39.

(Case T-424/04)

(2004/C 314/59)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 15
October 2004 by Angel Angelidis, residing in Luxembourg,
represented by E. Boigelot, lawyer.

The applicant claims that the Court should:

— Annul the Parliament's decision of 16 July 2004 rejecting

the complaint lodged by the applicant;

— Annul the applicant's staff report for 2002;

— Order the Parliament to pay the applicant compensation for
non-material harm, evaluated on an equitable basis at
EUR 20,000, owing to the various
faults
committed at various levels in the establishment of his staff
reports and owing to the significant delay in definitively
establishing those reports;

substantial

— Order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law on which the applicant relies are identical to
those in Case T-416/03, (1) brought by the same applicant.

Decision of
of Appeal:

the Board

Dismissed the appeal.

(1) OJ C 59 of 06.03.2004, p. 25.