Case T-219/05: Action brought on 6 June 2005 by Marta Andreasen against the Commission of the European Communities
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrative sanction, administrator, regulations for civil servants

20.8.2005

EN

Official Journal of the European Union

C 205/25

Action brought on 3 June 2005 by Marker Völkl Interna-
tional GmbH against Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Pleas in law:

(Case T-217/05)

(2005/C 205/46)

(Language in which the application was submitted: German)

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 3 June
2005 by Marker Völkl International GmbH, established in Baar
(Switzerland), represented by J. Bauer, lawyer.

The decision of
the Board of
Appeal infringes Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community trade mark because
there is no likelihood of confusion
between the marks in opposition
as the mark cited in opposition
slight
rather
has no or
distinctive character and the simi-
larity of the marks in opposition is
slight.

very

Icon Health & Fitness Italia S.P.A., Perugia (Italy), was also a
party to the proceedings before the Board of Appeal.

Action brought on 6 June 2005 by Marta Andreasen
against the Commission of the European Communities

The applicant claims that the Court should:

1. annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market of 1 April 2005,
case number R 708/2004-1;

2. order the defendant to pay the costs.

Pleas in law and main arguments

(Case T-219/05)

(2005/C 205/47)

(Language of the case: French)

Applicant
munity trade mark:

for

Com-

The applicant, Marker Völkl Inter-
national GmbH

Community trade mark
concerned:

for
in Classes 25 and 28

The word mark 'MOTION'
goods
(Application No 2 099 687)

Proprietor of the mark
or
sign cited in the
opposition proceedings:

Mark or sign cited in
opposition:

Icon Health & Fitness Italia S.P.A.

The word mark 'FIT MOTION' for
in Classes 25 and 28
goods
(Community
trade mark No
1 775 196)

Decision of the Opposi-
tion Division:

Rejection
2 099 687

of

application No

Decision of
of Appeal:

the Board

Dismissal of the appeal

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 June 2005 by Marta Andreasen,
residing in Barcelona (Spain), represented by Julien Leclère and
Jean-Marie Verlaine,
lawyers, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the Commission's decision of 13 October 2004 to
remove the applicant
from her post (SEC 2004 12 57
FINAL) taken in the case Andreasen Marta v Commission
and, accordingly, reinstate the applicant in her post as a
Community official with an identical category and grade
(namely A2 — AD15) for breach of Articles 6(1) of the
ECHR and Articles 6, 9, 10 and 24 of Annex IX to the Staff
Regulations;

C 205/26

EN

Official Journal of the European Union

20.8.2005

— order the Commission of the European Communities to
pay an indemnity for the financial
loss suffered by the
applicant, equivalent to the amount of the salary owed
from the time the contested decision took effect until the
date of judgment to be delivered by the Court of First
Instance, namely EUR 12 300 per month lapsed;

— order the Commission of the European Communities to
pay the amount of EUR 1 000 000 by way of compensa-
tion for the non-pecuniary loss suffered;

— in the alternative,

if the Court of First Instance does not
uphold the applicant's principal claim, order the Commis-
sion of
the European Communities to pay an overall
amount equivalent to:

(i) the entire salary of the applicant owing to the age of

65 (official retirement age);

(ii) the appurtenant
pension fund;

contribution into the applicant's

(iii) EUR 1 000 000 by way of compensation for the non-

pecuniary loss;

— order the Commission to pay EUR 12 000 to cover the
expenses incurred by the applicant which are not included
in costs;

— order the Commission to pay all costs.

Pleas in law and principal arguments

The applicant was appointed to the posts of Commission
Accounting Officer and Budget Execution Director by decision
of 11 December 2001. On 22 May 2002 she was removed
from the post of Accounting Officer. She was suspended with
effect from 28 August 2002 and disciplinary proceedings were
commenced against her. A Disciplinary Board was established
in March 2004. Following the recommendations of that board,
the applicant was removed from her posts by the contested
decision.

By her first plea, the applicant claims that the proceedings
which led to her removal from here posts were null and void
impartiality and independence
because the conditions of
provided for in Article 8 of Annex IX to the Staff Regulations
and Article 6 of the European Convention on Human Rights
were not met in the present case. She argues, first, that the
members of the Commission who were behind the accusations
made against her were also part of the appointing authority
which took the decision to remover her from her posts and,
second, that the Disciplinary Board was composed entirely of
Commission officials, with exception of one person.

By her second plea, the applicant argues, first, that the decision
to remover her from her posts is a second disciplinary measure
taken against her, on the basis of the same facts which led to
her suspension and, accordingly, was imposed in breach of
Article 9 of Annex IX to the Staff Regulations. She argues, as
part of the same plea, that the time-limits provided for in
Article 24 of the same annex have been exceeded. According
to the applicant, that tardiness is also a breach of Article 6 of
the European Convention on Human Rights. The applicant also
claims that the contested decision did not contain a statement
of reasons and that the sanction imposed on her was dispro-
portionate.

Action brought on 7 June 2005 by Kurt Jacobs against the
Commission of the European Communities

(Case T-220/05)

(2005/C 205/48)

(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 7 June 2005 by Kurt
Jacobs,
residing in Bruges (Belgium),
represented by Lucas Vogel,
lawyer.

The applicant claims that the Court should:

1. annul the decision adopted by the Appointing Authority on
11 February 2005, notified on 14 February 2005 and
received on 27 February 2005, rejecting the complaint
brought by the applicant on 16 November 2004, by which
he sought annulment of three decisions adopted on 16
August 2004, 24 August 2004 and 31 August 2004 insofar
as they determined his grade on recruitment as B*3, step 2,
and
salary of
fixed his
EUR 3 101,85;

remuneration at

basic

a

2.

in addition, to the extent necessary, annul the decisions
against which that complaint was brought, dated 16 August
2004, 24 August 2004 and 31 August 2004;

3. order the Commission to pay damages in the sum of

EUR 250 000.