Case T-183/05: Action brought on on 4 May 2005 by Julie Samnadda against Commission of the European Communities
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administrative reform, competition (EU), equal treatment, personnel administration, recruitment, regulations for civil servants

9.7.2005

EN

Official Journal of the European Union

C 171/33

Action brought on 10 May 2005 by Citicorp and Citibank,
N.A. against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

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

Citicorp and Citibank N.A.

(Case T-181/05)

(2005/C 171/53)

Trade mark or
cited in opposition:

sign

national

respective

Their
and
Community, word and figurative
marks
in class 36
services
(financial services and real estate
services)

for

Decision of the Opposi-
tion Division:

Rejection of the Community trade
mark application

(Language in which the application was lodged: English)

Decision of
of Appeal:

the Board

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 10
May 2005 by Citicorp, established in New York (USA), and
Citibank, N.A., established in New York (USA), represented by
V. v. Bomhard, A. Renck and A. Polhmann, lawyers.

Pleas in law:

Annulment of the decision of the
Opposition Division, acceptance
the opposition in respect of
of
‘property
estate
agents, evaluation and administra-
tion of house contents’ and rejec-
tion of the opposition in respect
of ‘customs agencies’

valuers,

real

Violation of Article 73 of Council
Regulation No 40/94 and the right
to be heard, Violation of Article
73 and 74(1) of Council Regu-
lation No 40/94 and violation of
Article 8(5) of Council Regulation
No 40/94.

Citi, S.L. established in Algete, Madrid (Spain), was also a party
to the proceedings before the Board of Appeal.

The applicant claim that the Court should:

— annul the Decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and designs) of 1 March 2005 in case R 173/2004-
1;

— order that the costs of the proceedings be borne by the

defendant.

Pleas in law and main arguments:

Applicant
munity trade mark:

for

Com-

Citi, S.L.

Community trade mark
concerned:

The
for
figurative mark CITI
services in class 36 (customs agen-
cies, property valuers, real estate
agents, evaluation and administra-
tion of house contents)- applica-
tion No 1 430 750

Action brought on on 4 May 2005 by Julie Samnadda
against Commission of the European Communities

(Case T-183/05)

(2005/C 171/54)

(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 4 May 2005 by Julie Samnadda,
residing in Brussels, represented by Sébastien Orlandi, Xavier
Martin, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision to appoint the applicant as an official of
the European Communities in that it fixes her grade on
recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

C 171/34

EN

Official Journal of the European Union

9.7.2005

— order the Commission to pay the costs.

Pleas in law and main arguments

the exam-
contested before

Decision of
iner
the Board of Appeal:

Dismissal of the application

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05, T-160/05, T-162/05 and T-170/05
and similar to those in Cases T-58/05 and T-164/05.

Decision of
of Appeal:

Pleas in law:

the Board

Dismissal of the appeal

Incorrect
application of Article
7(1)(b) of Regulation (EC) No
40/94

Action brought on 9 May 2005 by The Sherwin-Williams
Company against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-190/05)

(2005/C 171/55)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 9
May 2005 by The Sherwin-Williams Company, represented by
Enrique Armijo Chavarri and Antonio Castán Pérez-Gómez,
lawyers.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of OHIM

of 22 February 2003 (Case R 755/2004-2);

Action brought on 9 May 2005 by Teletech Holdings Inc.,
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-194/05)

(2005/C 171/56)

(Language in which the application was lodged: English)

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 9 May
2005 by Teletech Holdings Inc., established in Englewood,
Colorado (USA), represented by A. M. Gould, Solicitor.

— order OHIM to pay the costs.

Teletech International S.A. established in Paris (France), was
also a party to the proceedings before the Board of Appeal.

Pleas in law and main arguments:

The applicant claims that the Court should:

— Annul the Decision the First Board of Appeal of the OHIM,

of 3 March 2005, in case R 497/2004-1;

Community trade mark
sought:

Word mark TWIST & POUR —
Application No 3.071.041,
for
goods
in Class 21 (hand held
plastic containers sold as an inte-
gral
paint
a
containing storage and pouring
device)

liquid

part

of

— Remit

the matter to the Opposition Division for it

to
consider and rule on TeleTech's US opposition to Com-
munity trade mark 2 168 409 in the name of Teletech
International SA based on its Community trade mark No.
134 908 TELETECH GLOBAL VENTURES;