Case T-229/05: Action brought on 15 June 2005 by AEPI A.E. against the Commission of the European Communities
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), competition law, complaint to the Commission, copyright, inter-company agreement, management, music

20.8.2005

EN

Official Journal of the European Union

C 205/29

Pleas in law and main arguments

Pleas in law and main arguments

On 3 June 2004 the applicant, an official of the Court of
Justice, lodged a claim for compensation for the material and
non-material loss that she alleges she has suffered as a result of
the blocking of her career since the new promotion system was
introduced in 2000. Both that claim and her complaint having
been rejected, the applicant has brought this action. In support
of her heads of claim, she argues that the alleged blocking of
her career, and also the material and non-material loss that she
has allegedly suffered, are due to serious and repeated irregula-
rities and failures to act on the part of the Court's administra-
tion, as regards both her staff reports and the number of
promotion points awarded on that basis.

The applicant was recruited by the Commission as a member
of the temporary staff, for a post for which the level of respon-
sibility had been fixed in the vacancy notice by reference to
Grades A7 to A4, which, according to the new system, are
equivalent to Grades A*8 to A*12. Upon recruitment, however,
the applicant's classification was fixed at Grade A*6.

The applicant contests that decision and relies on the same
pleas in law as the applicant in Case T-196/05.

Action brought on 15 June 2005 by AEPI A.E. against the
Commission of the European Communities

Action brought on 13 June 2005 by Vesselina Ranguelova
against the Commission of the European Communities

(Case T-227/05)

(Case T-229/05)

(2005/C 205/53)

(2005/C 205/52)

(Language of the case: Greek)

(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 13 June 2005 by Vesselina Rangue-
lova, residing in Bergen (Netherlands), represented by Sébastien
Orlandi, Xavier Martin, Albert Coolen and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. annul the Commission's decision fixing her classification in

Grade A*6;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 June 2005 by Elliniki Etairia
pros Prostasian tis Pnevmatikis Idioktisias, a company estab-
lished in Maroussi, Attica, represented by T. Asprogerakas-
Grivas, lawyer.

The applicant claims that the Court should:

— annul the contested measure of the European Commission
as unlawful and declare that the entire policy applied by the
companies complained of, which manage related rights,
infringes Community law;

— uphold in its entirety the applicant's complaint under refer-
the

2001/4372,56(2001)A/3603/2

rejected

by

ence
contested measure;

2. order the defendant to pay the costs.

— order the European Commission to pay the costs of the

proceedings and the fees of the applicant's lawyer.

C 205/30

EN

Official Journal of the European Union

20.8.2005

Pleas in law and main arguments

The applicant, which is a company for the collective manage-
ment of musical intellectual-property rights in Greece, lodged a
complaint with the European Commission alleging infringe-
ment of Articles 81 and 82 EC by the companies Erato,
Apollon and Grammo, which are responsible for the manage-
ment of related rights of, respectively, singers, musicians who
play an instrument, and record companies and producers. In its
complaint,
those companies,
which hold a monopoly in Greece over related rights in the
foregoing sectors, acting in concert set very high charges in
respect of related rights, with the result that many entertain-
ment undertakings, not being able to pay them, stopped using
music in their premises and writers of music, members of the
applicant, were also deprived of
their intellectual property
rights.

the applicant maintained that

The applicant seeks the annulment of the Commission decision
which rejected its complaint. It submits that the Commission
mistakenly considered that there was no risk of misfunctioning
of the common market because all the parties involved were
established in Greece. According to the applicant, the mere fact
that an infringement of the competition rules occurs exclusively
within just one Member State is not sufficient for the infringe-
ment
further
to be considered insubstantial. The applicant
submits that the Commission failed to examine all the grounds
of the complaint lodged. Finally, the applicant pleads that the
infringement relied upon may affect inter-State trade.

Court of First Instance of the European Communities on 24
June 2005 by Golf USA Inc., established in Oklahoma City,
Oklahoma, USA, represented by A.H. de Bosch Kemper-de
Hilster, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the contested decision of the Second Board of Appeal
of the OHIM of 25 April 2005 in Case R 823/2004-2
(GOLF-USA);

— order the defendant to bear the costs.

Pleas in law and main arguments

Community trade mark
concerned:

Word mark GOLF USA for goods
and services in classes 25 (sports,
leisure shoes, outer clothes etc.),
28 (sport articles including golf
clubs)
(commercial
35
retailing services of sport articles)

and

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

the exam-

Refuses the application in total

the Board

Dismisses the appeal

Violation of Article 7(1)(b) and (c)
of Council Regulation No 40/94.

Action brought on 24 June 2005 by Golf USA Inc. against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

(Case T-230/05)

(2005/C 205/54)

(Language of the case: English)

Action brought on 15 June 2005 by Corsica Ferries France
against Commission of the European Communities

(Case T-231/05)

(2005/C 205/55)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
(Trade Marks and Designs) was brought before the
Market

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 June 2005 by Corsica Ferries
France, established in Bastia (France), represented by Stéphane
Rodrigues and Alice Jaume, lawyers.