Case T-191/05: Action brought on 10 May 2005 by Viviane Le Maire against the Commission of the European Communities
Date: 2005-07-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, allowances and expenses, regulations for civil servants

23.7.2005

EN

Official Journal of the European Union

C 182/41

The applicant claims that the Court should:

The applicant claims that the Court should:

1. annul the decision of the First Board of Appeal of OHIM of

10 February 2005;

2. order OHIM to pay the costs.

Pleas in law and main arguments:

1. annul the implied decision of 5 September 2004, by which
the Commission refused to grant the applicant the daily
subsistence allowances following her entry into service;

2. order the defendant to pay the costs.

Applicant
munity trade mark:

for

Com-

CORUS UK Limited

Pleas in law and main arguments

Community trade mark
sought:

Word mark GALVALLOY —
application No
for
goods in Class 6 (steel sheet and
strip etc)

796 557,

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

Applicant

Mark or sign cited in
opposition:

National word mark GALVALLIA
for goods in Class 6 (steel sheet
and strip etc)

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

the Board

Decision of the Opposition Divi-
sion annulled

Pleas in law:

application of Article
Incorrect
8(1)(b) of Regulation (EC) No
40/94 (1)

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark, OJ L 11 of 14.1.1994, p. 1.

The applicant in these proceedings objects to the Appointing
Authority's refusal to grant her the daily subsistence allowances
provided for in Article 10 of Annex VII to the Staff Regula-
tions. It is apparent from the documents annexed to the appli-
cation that the reason for that refusal is the fact that the period
of 120 days referred to in paragraph 2(a) of that provision was
exceeded in the present case.

In support of her claims, the applicant argues:

— breach of Article 10 of Annex VII to the Staff Regulations,
in the versions of that text before and after 1 May 2004, to
the extent
to
requirements which are not provided for by that provision,

the administration made her subject

that

— breach of the principles of sound administration, prohibi-
tion on arbitrary conduct and abuse of power, by requiring
the applicant to produce evidence that she was renting a
house,

— breach of the obligation to state reasons for a measure,

— breach of the principles of equal treatment and non-discri-

mination,

— breach of the duty to have regard to the interests of offi-

cials.

Action brought on 10 May 2005 by Viviane Le Maire
against the Commission of the European Communities

Action brought on 13 May 2005 by Mebrom NV against
the Commission of the European Communities

(Case T-191/05)

(2005/C 182/77)

(Language of the case: French)

(Case T-198/05)

(2005/C 182/78)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 10 May 2005 by Viviane Le Maire,
residing in Evere (Belguim), represented by Gilles Bounéou and
Frédéric Frabetti, lawyers, with an address for service in Luxem-
bourg.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 13 May 2005 by Mebrom NV,
established in Rieme-Ertvelde (Belgium),
represented by C.
Mereu and K. Van Maldegem, lawyers.