Case T-145/05: Action brought on 4 April 2005 by José Antonio de Brito Sequeiro Carvalho against the Commission of the European Communities
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, abuse of power, action for annulment (EU), equal treatment, sick leave, staff assessment, staff regulations (EU)

C 155/24

EN

Official Journal of the European Union

25.6.2005

Pleas in law and main arguments

European Communities on 4 April 2005 by José Antonio de
Brito Sequeiro Carvalho, residing in Lisbon, represented by
Karel Hartog Hagenaar, lawyer.

Applicant
munity trade mark:

for

Com-

Community trade mark
concerned:

Nars Cosmetics, Inc.

bleaching

Figurative mark ‘NARS’ for goods
in Classes 3, 18 and 25 (Cleaning
preparations,
and
leather,
footwear,
clothing,
headgear …) — Application
No 1333657.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

The applicant.

Mark or sign cited in
opposition:

National
figurative mark ‘MARS’
for goods in Class 25 (Footwear,
shoes,
in
clothing).

particular

sports

The applicant claims that the Court should:

1. declare the contested act non-existent and void;

2. annul or withdraw all

referring to,
confirming or seeking to extend the purported effects of
that non-existent act;

subsequent

acts

3. order the payment of compensation for the detrimental
estimated at

consequences of
EUR 30 000, out of damage estimated at EUR 300 000;

act, provisonally

that

4. order the defendant to pay the costs of proceedings and

outlays.

Decision of the Opposi-
tion Division:

Rejection of the applicant's oppo-
sition.

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the applicant's appeal.

Pleas in law and main arguments

Infringement of Article 8(1)(b) of
Regulation (EC) No 40/94 due to
inadequate consideration of
the
the marks and the
similarity of
identity or similarity of the goods.

The present action has been brought inter alia against the act
which the Director-General acting for the Directorate-General
for Development is alleged to have required the applicant to
sign and to have had placed on his administrative file, whereby
he decided to require the applicant to take sick leave. The
applicant also objects to the maintenance of a parallel file.

In the applicant's opinion,
regarded as legally non-existent.

the act

in question should be

In support of his claims, the applicant further alleges:

— that the reasons for the contested act are invalid;

— that the decision rejecting the complaint lodged pursuant to
Article 90 of the Staff Regulations is based on facts and
conduct attributed to him, of which he had no knowledge,
which had never been referred to in his periodic reports
and which had never been mentioned to him by his
immediate superiors;

— the existence in this case of misuse of powers and abuse of

process;

— breach of the principles of equality and non-discrimination.

Action brought on 4 April 2005 by José Antonio de Brito
Sequeiro Carvalho against the Commission of the Euro-
pean Communities

(Case T-145/05)

(2005/C 155/47)

(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