Case T-368/03: Judgment of the Court of First Instance of  25 October 2005  — De Bustamante Tello v Council of the European Union (Officials — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State — Meaning of  habitually reside  — Principle of equal treatment)
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action for annulment (EU), allowances and expenses, regulations for civil servants

24.12.2005

EN

Official Journal of the European Union

C 330/19

Judgment of the Court of First Instance of 27 October
2005 — Les Éditions Albert René v OHIM

Judgment of the Court of First Instance of 25 October
2005 — De Bustamante Tello v Council of the European
Union

(Case T-336/03) (1)

(Case T-368/03) (1)

(Community trade mark — Opposition proceedings —
Earlier Community and national word mark OBELIX —
Application for Community word mark MOBILIX — Article
8(1)(b) and (2) of Regulation (EC) No 40/94)

(2005/C 330/46)

Language of the case: English

Parties

Applicant(s): Les Éditions Albert René (Paris, France)
sented by: J. Pagenberg, lawyer)

(repre-

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen, Agent)

(Officials — Remuneration — Expatriation allowance —
Article 4(1)(a) of Annex VII to the Staff Regulations —
Work done for another State — Meaning of ‘habitually
reside’ — Principle of equal treatment)

(2005/C 330/47)

Language of the case: Spanish

Parties

Applicant(s): Rafael De Bustamante Tello (Brussels, Belgium)
(represented by: J. García-Gallardo Gil-Fournier, D. Domínguez
Pérez and A. Sayagués Torres, lawyers)

Defendant(s): Council of the European Union (represented by:
M. Sims and D. Canga Fano, Agents)

Application for

Annulment of the Council's decision of 28 July 2003, refusing
to grant the applicant entitlement to the expatriation allowance
provided for in Article 4(1)(a) of Annex VII to the Staff Regula-
tions of Officials of the European Communities and the allow-
ances associated therewith.

Operative part of the judgment

Other party or parties to the proceedings before the Board of Appeal
of OHIM intervening before the Court of First Instance: Orange A/S
(Copenhagen, Denmark) (represented by: J. Balling, lawyer)

The Court:

1. dismisses the action;

2. orders the parties to bear their own costs.

Application for

(1) OJ C 7, 10.1.2004

annulment of the decision of the Fourth Board of Appeal of
OHIM of 14 July 2003 (Case R 0559/2002-4) in opposition
proceedings between Les Éditions Albert René and Orange A/S

Operative part of the judgment

(Case T-379/03) (1)

Judgment of the Court of First Instance of 25 October
2005 — Peek & Cloppenburg KG v OHIM

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(Community trade mark — Word mark Cloppenburg —
Absolute grounds for refusal to register — Descriptive char-
acter — Geographical origin — Article 7(1)(c) of Regulation
(EC) No 40/94)

(2005/C 330/48)

Language of the case: German

(1) OJ C 85, 3.4.2004.

Parties

Applicant(s): Peek & Cloppenburg KG (Düsseldorf, Germany)
(represented originally by U. Hildebrandt, subsequently by P.
Lange, P. Wilbert and A. Auler and, subsequently by P. Lange,
P. Wilbert, A. Auler and J. Steinberg, lawyers)