Case T-171/05: Action brought on 2 May 2005 by Bart Nijs against the Court of Auditors of the European Communities
Date: 2005-07-23
Institutions: Court of First Instance
Subjects: European Court of Auditors, European official, action by staff, promotion, report, staff assessment

C 182/38

EN

Official Journal of the European Union

23.7.2005

Pleas in law and main arguments

The applicant claims that the Court should:

Applicant
munity trade mark:

for

Com-

Crisgo Co. Ltd.

1. annul the decision of the College of Merits of the Court of
Auditors awarding the applicant his promotion points for
2003;

Community trade mark
concerned:

Figurative mark FL FENNEL for
goods in class 3 application No
903 922

2. annul

the decision of

the appointing authority not

to

promote the applicant to the grade of reviser in 2004;

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

The applicant

Trade mark or
cited in opposition:

sign

Community word mark FENJAL
for goods in class 3

Decision of the Opposi-
tion Division:

Opposition rejected

3. annul the applicant's staff report for 2003;

4. annul decision No 6/2004 of 26 October 2004 of the
Appeal Committee of the Court of Auditors upholding the
applicant's staff report for 2003;

5. annul any related and/or later decision;

6. make good the damage suffered by the applicant and order
the Court of Auditors to pay the costs of these proceedings.

Decision of
of Appeal:

Pleas in law:

the Board

Dismisses the appeal

Violation of Articles 73 and 74 of
Council Regulation No 40/94. In
this context, the applicant alleges
that the Board of Appal based its
decision on various new argu-
and facts not brought
ments
forward or
the
parties.
further
The
claims that the contested decision
violates Article 8(1)(b) of Regu-
lation No 40/94 by concluding
that there was no risk of confu-
sion.

discussed
applicant

by

Action brought on 2 May 2005 by Bart Nijs against the
Court of Auditors of the European Communities

(Case T-171/05)

(2005/C 182/71)

Pleas in law and main arguments

The applicant in the present case, having also brought the
action lodged in Case T-377/04, (1) contests the decisions of
the defendant awarding him promotion points for 2003 and
establishing his staff report for that year, and its decision not to
promote him in 2004 to the post of reviser in the Dutch trans-
lation unit.

In support of his claims he relies on pleas of:

— breach of Article 11a of the Staff Regulations and of the
principles of the duty to have regard for the welfare of offi-
cials, sound administration and equal treatment,

— irregularities in the appraisal procedure in that

it was
entrusted to officials whose integrity had been called into
question by the pre-litigation procedure,

— failure to respect time limits in the appraisal procedure,

— failure in this case to consider comparative merits in the

terms of the Dutch translation unit,

— breach of the principles of legal certainty and the protection
of legitimate expectations by the failure to communicate
the rules applicable to the 2004 promotion procedure,

(Language of the case: French)

— misuse of powers in the case.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 2 May 2005 by Bart Nijs, Berel-
dange (Luxembourg), represented by Fränk Rollinger,
lawyer,
with an address for service in Luxembourg.

(1) Case T-377/04 Nijs v Court of Auditors

20.11.2004, p. 26).

(OJ 2004 C 284,