Case T-27/05: Action brought on 14 January 2005 by Carmela Lo Giudice against Commission of the European Communities
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), regulations for civil servants, staff assessment

C 82/40

EN

Official Journal of the European Union

2.4.2005

Action brought on 14 January 2005 by Carmela Lo
Giudice against Commission of the European Commu-
nities

(Case T-27/05)

(2005/C 82/71)

(Language of the case: French)

The applicant also claims that the lack of any participation by
her in the establishment of the report infringes Article 43 of
the Staff Regulations, the General Provisions for implementing
that article, as well as the principles of sound administration,
non-discrimination and prohibition of arbitrary procedures. In
the same context, the applicant pleads abuse of power, failure
to state reasons, infringement of the principle of the protection
of legitimate expectations and of the rule ‘Patere legem quam
ipse fecisti’ (obey the rules which you yourself have made), as
well as breach of the duty to have regard to the welfare of offi-
cials.

Action brought on 17 January 2005 by Ekabe International
SCA against the Office for Harmonisation in the Internal
Market

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 14 January 2005 by Carmela Lo
Giudice, residing in Strombeek-Bever (Belgium), represented by
F. Frabetti and G. Bounéou, lawyers, with an address for service
in Luxembourg.

(Case T-28/05)

(2005/C 82/72)

The applicant claims that the Court should:

(Language in which the application was submitted: French)

1. annul the appraisal exercise for the year 2003 (the period

from 01.01.2003 to 31.12.2003);

2.

if not, annul the decision of 4 May 2004 which closed the
applicant's career development report (CDR) for the period
from 1 January 2003 to 31 December 2003;

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 17 January 2005 by Ekabe
International SCA, established in Luxembourg, represented by
Charles de Haas, lawyer.

Puleva SA was also a party to the proceedings before the
Fourth Board of Appeal.

3. decide on the costs, expenses and fees and order the
Commission of the European Communities to pay them.

The applicant claims that the Court should:

Pleas in law and main arguments

The applicant, a Commission official, was on sick leave from 1
December 2003 to 10 May 2004. During that period the
Commission established her career development report without
her participation in it.

In support of her action, the applicant first of all claims that
the creation, as part of the new system of establishing career
development reports, of computer files directly completed on
the screen and stored in the computer staff management
system, is equivalent to the creation of parallel files in breach
of Article 26 of the Staff Regulations.

— annul and alter the decision of the Fourth Board of Appeal
in so far as it confirmed the rejection of the application for
Community trade mark OMEGA 3 No 824 573 following
Opposition No B 148 132;

— order OHIM to pay all the costs.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

CEMA. The mark was transferred
to Primalliance and subsequently
to Ekabe International.

Community trade mark
concerned:

Figurative mark ‘OMEGA 3’
for
goods in Class 29 (margarine) —
application No 824 573