Case T-393/04: Action brought on 30 September 2004 by Dirk Klaas against the European Parliament
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Parliament, European official, action by staff, promotion, regulations for civil servants

8.1.2005

EN

Official Journal of the European Union

C 6/39

Action brought on 30 September 2004 by Dirk Klaas
against the European Parliament

Action brought on 4 October 2004 by SOFFASS S.p.A.
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-393/04)

(2005/C 6/76)

(Case T-396/04)

(2005/C 6/77)

(Language of the case: German)

(Language of the case: Italian)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 30
September 2004, by Dirk Klaas, represented by R. Moos,
Rechtsanwalt.

The Applicant claims that the Court should:

— Declare void the annulment of 2 promotion points by the
Director General
for Personnel on 12 February 2004,
confirmed by the letter of rejection from the Secretary
General of
the European Parliament of 30 June 2004,
insofar as 2 promotion points, which had been awarded for
the period before 1999, were taken away from the appli-
cant;

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 4
October 2004 by SOFFASS S.p.A., represented by Vincenzo
Biliardo and Cristiano Bacchini, lawyers.

The other party to the proceedings before the appeal board
was: SODIPAN (Société en Commandite par Actions).

The applicant claims that the Court should:

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

16 June 2004 in Case R-699/2003-1;

— Annul that letter in that respect and declare that the 2
promotion points are to be carried over to subsequent
years;

— Order OHIM to pay the costs.

— Order the defendant to pay the costs.

Pleas in law and main arguments:

Pleas in law and main arguments

The applicant is an official of the Parliament. He was promoted
to A6 with retrospective effect as of 1 January 1999. In the
course of the promotion procedure all the promotion points
earned by the applicant before 1999 were removed from him.
By way of grounds, the Parliament referred to the judgment of
the Court of Justice in Case T-30/02 Leonhardt v Parliament,
which, in its view, allowed the removal of points.

In support of his application the applicant argued that the tran-
sitional rule that all points earned before 1999 were to be
removed in the event of promotion, was in breach of Article
45 of the Staff Regulations. In the view of the applicant, that
rule was unnecessary, disproportionate and contrary to the
principle of equality. He also submitted that the present case
was not comparable to Case T-30/02.

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
considered:

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

Figurative mark ‘NICKY’ – Appli-
cation No 1 315 985 for products
in Class 16 (Paper, cardboard and
goods made from these materials,
for
cleaning
purposes).

household

and

The French company SODIPAN
(Société
par
Actions).

Commandite

en

Mark or sign cited in
opposition.

Figurative French marks ‘NOKY’
(No 1 346 586) and ‘noky’ (No 1
400 192) for products in Class 16.

Decision of the Opposi-
tion Division:

Opposition dismissed.