Case T-139/05: Action brought on 31 March 2005 by Charlotte Becker and Others against the European Parliament
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Parliament, European official, action by staff, pension scheme

28.5.2005

EN

Official Journal of the European Union

C 132/35

Pleas in law and main arguments

Action brought on 31 March 2005 by Charlotte Becker
and Others against the European Parliament

Registered Community
trade mark in respect of
which a declaration of
invalidity is sought:

The word mark NIMEI LA PERLA
MODERN CLASSIC — Applica-
tion for registration no 713.446
in respect of goods in Class 14
(jewellery, gold articles, watches;
precious metals; pearls; precious
stones).

Proprietor of the Com-
munity trade mark:

Cielo Brands — Gestao e Investi-
mentos Lda

Applicant
tion of invalidity:

for declara-

The applicant

Trade mark or
right of applicant:

sign

Italian trade marks:

— La PERLA (Figurative

trade
mark no. 769.526), in respect
of goods in Class 25.

— LA PERLA PARFUMS (Word
mark no 776.082), in respect
of goods in Class 3.
— La PERLA (Figurative

trade
mark no. 804.992) in respect
of goods in Classes 3, 9, 14,
16, 18, 24, 25 and 35.
— La PERLA (Figurative

trade
mark no GE2000 C 000428)
in respect of goods in Class 3.
trade
mark no GE2002 C 000181)
in respect of goods in Class 3.

— La PERLA (Figurative

Decision of the Cancel-
lation Division:

Granting the application for a
invalidity and a
declaration of
declaration of
the
invalidity of
Community trade mark.

Decision of
of Appeal:

the Board

Granting the appeal and annul-
ment of
the
Cancellation Division.

the decision of

Pleas in law:

— Infringement of Article 8(5)
and (1)(a) and (b) and Article
73 of Regulation (EC) No
40/94 on the Community
trade mark.

Regulation

— Infringement of Rule 50(2)(h)
No
of
2868/95 of 13 December
1995
Regu-
implementing
lation No 40/94.

(EC)

(Case T-139/05)

(2005/C 132/63)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 31
March 2005 by Charlotte Becker, residing in Manton (France),
Seamus Killeen, residing in Sutton (Dublin), Robert Payne,
residing in Terenure (Dublin), Deirdre Gallagher, residing in
Terenure, Paul Van Raij, residing in Overveen (Netherlands),
Wilhemus Van Miltenburg, residing in Huizen (Netherlands),
represented by Georges Vandersanden, Laure Levi and Aurore
Finchelstein, lawyers.

The applicant claims that the Court should:

— annul the applicants' pension slips for May 2004, with the
exception of Ms Gallagher's, with the effect of applying a
weighting at the rate for the capital of their country of resi-
the very least, a weighting such as will
dence or, at
living
the differences in the cost of
adequately reflect
between the places in which the applicants are deemed to
incur their expenditure and thus corresponding with the
principle of equivalence,

— as regards Ms Gallagher, annul her payslip for May 2004,
with the effect of applying a weighting to the allowance
which she receives for being assigned to non-active service,
fixed at the rate for the capital of the country of residence
or, at the very least, a weighting such as will adequately
reflect the differences in the cost of living in the place
where the applicant is deemed to incur her expenditure and
thus corresponding to the principle of equivalence;

— order the Commission to pay the costs.

Pleas in law and main arguments

In support of their action, the applicants put forward the same
pleas in law and arguments as those put forward in Case T-35/
05.