Case T-215/03: Judgment of the Court of First Instance of 22 March 2007 — SIGLA v OHIM — Elleni Holding (VIPS) (Community trade mark — Opposition proceedings — Application for the Community word mark VIPS — Earlier national word mark VIPS — Article 8(5) of Regulation (EC) No 40/94 — Article 74 of Regulation (EC) No 40/94 — Principle that the parties delimit the subject matter of the proceedings — Rights of the defence)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), human nutrition, service, software, trade-mark law

C 95/36

EN

Official Journal of the European Union

28.4.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 22 March 2007
— SIGLA v OHIM — Elleni Holding (VIPS)

Judgment of the Court of First Instance of 15 March 2007
— Katalagarianakis v Commission

(Case T-215/03) (1)

(Case T-402/03) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark VIPS — Earlier national
word mark VIPS — Article 8(5) of Regulation (EC) No 40/94
— Article 74 of Regulation (EC) No 40/94 — Principle that
the parties delimit the subject matter of the proceedings —
Rights of the defence)

(Officials — Appointment — Review of classification in
grade and step — Application of the Court's case-law —
Articles 5 and 31(2), the second paragraph of Article 32 and
Articles 45 and 62 of the Staff Regulations)

(2007/C 95/71)

Language of the case: Spanish

(2007/C 95/72)

Language of the case: French

Parties

Parties

Applicant: SIGLA SA (Madrid, Spain) (represented by: E. Armijo
Chávarri, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: I. de Medrano Cabal-
lero and G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM:
Elleni Holding BV (Alphen aan de Rijn, Netherlands)

Applicant: Georgios Katalagarianakis (Overijse, Belgium) (repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Krämer, Agents)

Re:

Re:

Action brought against
the Third Board of
Appeal of OHIM of 1 April 2003 (Case R 1127/2000-3)
relating to opposition proceedings between SIGLA SA and
Elleni Holding BV

the decision of

the Commission's decision
Application for annulment of
reviewing and fixing the applicant's classification at recruitment
at Grade A6, first step, reviewing and fixing his subsequent clas-
sification at Grade A5, third step, on 1 April 2000 and fixing
the starting point of its pecuniary effects at 5 October 1995.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Annuls the decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal market (Trade Marks and Designs)
of 1 April 2003 (Case R 1127/2000-3);

1. Annuls the Commission's decision of 14 April 2003 in so far as it
fixes the starting point of its pecuniary effects at 5 October 1995.

2. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) to pay the costs incurred by the applicant.

2. Rules that the Commission is to undertake a comparative examina-
tion of the applicant's merits and those of the officials promoted to
Grade A5 in each promotion year since 1 May 1993.

(1) OJ C 200, 23.8.2003.

3. Following that examination and if

the Commission should be
unable to award the applicant such promotion in grade as may
appear justified, invites the parties to seek agreement as to appro-
priate compensation.