Judgment of the Court of First Instance of 13 December 2004 in Case T-8/03 El Corte Inglés, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark EMILIO PUCCI — Opposition by the proprietor of the national figurative marks EMIDIO TUCCI — Partial refusal to register)
Date: 2005-02-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, cosmetic product, leather, textile product, trade-mark law

19.2.2005

EN

Official Journal of the European Union

C 45/23

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

in Case 376/02, O v Commission of the European Commu-
nities (1)

(Officials — Article 78 of the Staff Regulations — Invalidity
pension — Invalidity Committee — Membership — Occupa-
tional disease)

(2005/C 45/51)

(Language of the case: French)

In Case T-376/02: O, a former official of the Commission of
the European Communities, residing in Brussels, represented by
J. Van Rossum and J.-N. Louis, lawyers, against Commission of
J. Currall) – action for
the European Communities (Agents:
annulment of the decision of the Commission of 14 January
2002 awarding the applicant an invalidity pension set
in
accordance with the provisions of
the third paragraph of
Article 78 of the Staff Regulations of Officials of the European
Communities – the Court of First Instance (Fifth Chamber),
composed of P. Lindh, President, R. García-Valdecasas and J.D.
Cooke, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 23 November 2004, in
which it:

Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: P. Bullock and O. Montalto), the
other party to the proceedings before the Board of Appeal of
intervening before the Court, being Emilio Pucci Srl,
OHIM,
established in Florence (Italy), represented by P.L. Roncaglia,
G. Lazzeretti and M. Boletto, lawyers – action brought against
the decision of the Fourth Board of Appeal of OHIM of 3
October 2002 (Joined Cases R 700/2000-4 and R 746/2000-4)
relating to the opposition entered by the proprietor of the
national figurative marks EMIDIO TUCCI against registration of
the figurative mark EMILIO PUCCI as a Community trade mark
– the Court of First Instance (Second Chamber), composed of J.
J.
Pirrung, President, A.W.H. Meij and N. Forwood,
Palacio González, Principal Administrator,
for the Registrar,
gave a judgment on 13 December 2004, in which it:

Judges;

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 70 of 22.3.2003

1. Annuls the decision of the Commission of 14 January 2002

awarding the applicant an invalidity pension.

Action brought on 12 October 2004 by Luciano Lavagnoli
against the Commission of the European Communities

2. Orders the Commission to bear the costs.

(1) OJ C 44 of 22.2.03.

(Case T-422/04)

(2005/C 45/53)

(Language of the case: French)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 December 2004

in Case T-8/03 El Corte Inglés, SA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Figurative mark EMILIO PUCCI
— Opposition by the proprietor of the national figurative
marks EMIDIO TUCCI — Partial refusal to register)

(2005/C 45/52)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 12 October 2004 by Luciano
Lavagnoli, residing in Berchem (Luxembourg), represented by
Gilles Bounéou and Frédéric Frabetti, lawyers.

The applicant claims that the Court should:

1. annul the list of officials promoted in the 2003 promotions
procedure in so far as that list does not include the name of
the applicant and annul the preparatory measures for that
decision;

2.

in the alternative annul the award of promotion points in
the 2003 promotions procedure as regards the applicant;

In Case T-8/03: El Corte Inglés, SA, established in Madrid
the
(Spain), represented by J. Rivas Zurdo,

lawyer, against

3. order the Commission to pay the costs.