Case T-494/04: Action brought on 22 December 2004 by Wineke Neirinck against the Commission of the European Communities
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: European Commission, action by staff, personnel administration, servant (EU)

C 57/34

EN

Official Journal of the European Union

5.3.2005

Pleas in law and main arguments

Community trade mark
sought:

Figurative mark ‘BIN LADIN’
in
Arabic characters for goods and
services in Classes 9, 12, 14, 18,
25, 28, 35 and 41 – Application
No 2 224 160.

— in any event, award EUR 30 000 in respect of compensa-
tion for the non-material and material damage suffered by
the applicant, that sum being provisionally assessed on an
equitable basis;

— order the defendant to pay all the costs.

the exam-

Refusal to register.

Pleas in law and main arguments:

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal.

Infringement of Article 7(1)(f) of
Council Regulation No 40/94. The
applicant claims that registration
of the mark in question would not
be contrary to either public policy
or accepted principles of morality.

Action brought on 22 December 2004 by Wineke Neir-
inck against the Commission of the European Commu-
nities

(Case T-494/04)

(2005/C 57/58)

(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 22 December 2004 by Wineke
Neirinck, residing in Brussels (Belgium), represented by Georges
Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.

The applicant claims that the Court should:

— annul the decision of which the applicant became aware at
the meeting of the OIB.1 unit (Office for Infrastructure and
Logistics – Brussels – implementation of buildings policy)
of 4 March 2004, by which another candidate had been
selected for the post of lawyer in the sector of buildings
policy in the OIB for which the applicant had applied;

— annul

the

confirmatory decision of 9 March 2004
that her application had been

informing the applicant
rejected;

The applicant, at the time a temporary agent at the Commis-
sion in the Office for Infrastructure and Logistics – Brussels
(OIB), applied for the post of lawyer in the sector of buildings
policy in the OIB. By her action, she seeks annulment of the
decisions rejecting her application and appointing another
person to the post
in question and compensation for the
alleged non-material and material damage she suffered.

In support of her action, the applicant relies on the failure to
have regard for the interests of the service and infringement of
the general principles of impartiality, objectivity, non-discrimi-
nation, transparency and the obligation to give reasons and an
abuse of due process. The applicant submits that the selection
of the person appointed to the post in question was decided
without any statutory procedure and without being preceded
by any comparative examination of the merits of that person
with those of the applicant. In the same context, the applicant
alleges a manifest error of assessment and infringement of the
duty to have regard for the interests of officials and good
administration. The applicant also alleges infringement of the
general principle of equal treatment by reference to the fact
that all the temporary and auxiliary agents of OIB, whose
contracts expired on 1 May 2004, remained in OIB beyond
that date with the exception of the applicant.

Action brought on 23 December 2004 by Belfass against
the Council of the European Union

(Case T-495/04)

(2005/C 57/59)

(Language of the case: French)

— annul the subsequent decision of 27 April 2004 informing
the applicant that she had not passed the oral test and thus
confirming the appointment of another person;

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 23 December 2004 by Belfass, established in
Brussels (Belgium), represented by Lucas Vogel, lawyer.