Case T-295/05: Action brought on 1 August 2005 by Document Security Systems, Inc. against the European Central Bank
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Central Bank, European patent, euro, industrial counterfeiting, patent law, printing

17.9.2005

EN

Official Journal of the European Union

C 229/39

The applicant claims that the Court should:

Action brought on 1 August 2005 by Document Security
Systems, Inc. against the European Central Bank

— set aside the Commission's decision of 28 September 2004
determining the applicant's reinstatement as of 1 October
2004, and annul the decision of 21 April 2005 by which
the Commission rejected the applicant's complaint brought
on 20 December 2004 and requesting that the effective
date of reinstatement be fixed retroactively as 1 September
2004;

(Case T-295/05)

(2005/C 229/81)

— request the Appointing Authority to give due effect to that
in particular, to fix the effective date of the

annulment,
applicant's reinstatement as 1 September 2004;

(Language of the case: English)

— award the applicant damages in respect of

the harm
suffered, in the suggested amount of EUR 10 000 by way
of material damages and the nominal sum of EUR 1 in
damages for non-material harm;

— order the defendant to pay the entire costs.

Pleas in law and main arguments

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 1 August 2005 by Document Security Systems, Inc., estab-
lished in Rochester, New York (USA), represented by C. Stan-
brook, barrister, H. Sheroton and L. Cohen, solicitors, and B.
Uphoff, lawyer.

The applicant claims that the Court should:

— declare that the ECB has infringed the patent;

The applicant, an official of the Commission, was on leave on
personal grounds until 31 August 2004. Having requested to
be reinstated at the end of his leave he was reinstated within
the DG RELEX by decision of 28 September 2004.

— award damages and interest to be paid by the defendant to
the applicant, such amounts to be assessed by separate
inquiry in respect of the infringing acts;

By the present action, the applicant seeks annulment of the
reinstatement decision in so far as the latter did not reinstate
him with effect from 1 September 2004, the date on which his
leave expired. He submits that several posts corresponding to
his profile were available within the Commission on that date
and that the Commission was thus obliged to reinstate him in
one of those posts in accordance with Article 40 of the Staff
Regulations. He also contends that there has been an infringe-
ment of the Commission's decision of 28 April 2004 on the
detailed arrangements for reinstatement on the ground that the
Commission did not contact him before the end of his leave
and did not, moreover, use the possibility laid down by that
decision, namely that of an additional budgetary post, in order
to reinstate him. Finally, the applicant submits that there has
been an infringement of the principle of good administration
and of the duty of care, and he also claims damages, both
material and non-material, for the harm which he claims to
have suffered.

— award damages in lieu of an injunction in respect of bank-
notes printed for and on behalf of the defendant after the
date of the judgement until expiry of the patent (such
amounts to be assessed by separate inquiry);

— award costs;

— order such further or other relief as the Court shall deter-

mine.

Pleas in law and main arguments

The applicant claims that his European Patent 0 455 750 B1,
entitled ‘Method of making a nonreplicable document’, has
been infringed by the defendant and seeks, in accordance with
Article 288 EC, an award of damages by way of payment of a
reasonable royalty for the use of the invention of the patent.

C 229/40

EN

Official Journal of the European Union

17.9.2005

The invention of the patent consists of a method of designing
and printing an original document that combats counterfeiting
by digital scanning devices. The method involves determining
the scanning pitch of a copying device to be protected against
and creating an appropriate grid that would give rise to inter-
ference patterns, such as moiré patterns, when copied on that
scanning device. The grid is overlayed on an original image to
produce a printed genuine document in which the grid is
usually not discernible to the naked eye.

According to the applicant, the invention of the patent was
used in the designing and the printing of the Euro banknotes,
under the authorization of the European Central Bank. The
applicant claims furthermore that the issue, keeping and circu-
lation of the Euro banknotes constitutes an infringement of his
patent

Removal from the Register of Case T-141/04 (1)

(2005/C 229/82)

(Language of the case: Finnish)

ordered the removal from the Register of Case T-141/04, Lapin
liitto and Others v Commission of the European Communities.

(1) OJ C 146 of 29.5.2004.

Removal from the Register of Case T-468/04 (1)

(2005/C 229/83)

(Language of the case: French)

the Court of First

the Second
By order of 29 June 2005,
the European
Chamber of
Communities has ordered the removal from the Register of
Case T-468/04, Kenzo Takada v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM).

the President of
Instance of

By order of 30 June 2005, the President of the First Chamber
of the Court of First Instance of the European Communities has

(1) OJ C 57 of 5.3.2005.