Case T-422/04: Action brought on 12 October 2004 by Luciano Lavagnoli against the Commission of the European Communities
Date: 2005-02-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administration of the Institutions, personnel administration, promotion, regulations for civil servants

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.

C 45/24

EN

Official Journal of the European Union

19.2.2005

Pleas in law and main arguments:

Decision of
of Appeal:

the Board

In support of his application the applicant relies on pleas alle-
ging a breach of Article 45 of the Staff Regulations, a breach of
the general implementing provisions for Article 45, a breach of
the administrative guide to appraisal and promotion of officials
and a breach of the principle of non-discrimination. The appli-
cant also relies on the prohibition on arbitrary procedures and
alleges a breach of the duty to state reasons and misuse of
powers. He also alleges a breach of the principle of legitimate
expectations and of the ‘patere legem quam ipse fecisti’ rule
and, finally, a breach of the duty to have regard for the welfare
of officials.

Pleas in law:

Annulment of the contested deci-
sion with regard to the services
financial
investment
analysis,
insurance affairs in Class
affairs,
36. Dismissal of the remainder of
the appeal.

Infringement of the first sentence
of Article 74(1) of Regulation (EC)
No 40/94

Misinterpretation of Article 7(1)(b)

Action brought on 5 November 2004 by Eurohypo AG
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-439/04)

(2005/C 45/54)

(Language of the case: 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 5
November 2004 by Eurohypo AG, Eschborn (Germany), repre-
sented by M. Kloth, Hamburg (Germany),
lawyer, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 6 August 2004 (Case R-829/2002-
4), in so far as it dismisses the appeal;

— order the defendant to pay the costs.

Action brought on 8 November 2004 by Éditions Odile
the European
Jacob SAS against

the Commission of

Communities

(Case T-452/04)

(2005/C 45/55)

(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 8 November 2004 by Éditions
Odile Jacob SAS, established in Paris, represented by Wilko van
Weert and Olivier Fréget, lawyers.

The applicant claims that the Court should:

— annul the contested decision on the ground that it repeated
the failure to comply with the conditions and undertakings
imposed on Lagardère in the decision of 7 January 2004;

Pleas in law and main arguments

— order the defendant to pay the costs.

Applicant for the Com-
munity trade mark

The applicant

Pleas in law and main arguments:

The trade mark applied
for:

The word mark EUROHYPO for
services
in Class 36 (financial
affairs; monetary affairs; real estate
financial
affairs;
services;
financial
financing;
analysis; investment affairs; insur-
ance affairs)

provision

of

Decision of
iner:

the exam-

Rejection of
respect of all services

the application in

The applicant contests the Commission Decision of 30 July
2004 concerning the approval of Wendel Investissement as the
acquirer of the assets sold by Lagardère, in accordance with the
Commission Decision of 7 January 2004 declaring a concentra-
tion compatible with the common market and the functioning
of the EEA Agreement (1)
(‘the Compatibility Decision’). The
concentration was authorised subject to the sale by Lagardère
of certain assets, namely Editis. The applicant submitted an
offer to purchase Editis but was unsuccessful.