Case T-156/07: Action brought on 9 May 2007 — Spain v Commission
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: EPSO, European Commission, Spain, action for annulment (EU), competition (EU), official language

C 140/42

EN

Official Journal of the European Union

23.6.2007

Action brought on 4 May 2007 — Européenne de traite-
ment de l'Information (Euro-Information) v OHIM

Action brought on 9 May 2007 — Spain v Commission

(Case T-155/07)

(2007/C 140/68)

Language in which the application was lodged: French

Parties

(Case T-156/07)

(2007/C 140/69)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: F. Díez Moreno)

Defendant: Commission of the European Communities

Applicant: Européenne de traitement de l'Information (Euro-
Information) (Strasbourg, France) (represented by: P. Greffe and
J. Schouman, lawyers)

Form of order sought

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

Form of order sought

— annulment of the decision of the First Board of Appeal of
OHIM of 28 February 2007 and notified on 8 March 2007,
Case R 1046/2006-1, in so far as it refused registration of
the Community trade mark CYBERBOURSE as set out in
application No 4 114 682 in respect of some of the goods
and services claimed in Classes 9, 36 and 38;

— registration of the Community trade mark CYBERBOURSE
as set out in application No 4 114 682 in respect of all of
the goods and services claimed.

Pleas in law and main arguments

Community trade mark concerned: Word mark CYBERBOURSE for
goods and services in Classes 9, 36 and 38 (application No 4
114 682)

Decision of the Examiner: Refusal to register

Decision of the Board of Appeal: Dismissal of the action

Pleas in law: The applicant states that, contrary to what the
Board of Appeal of OHIM found in the contested decision, its
trade mark is arbitrary and has sufficient distinctive character as
required by Council Regulation No 40/94 (1) in respect of the
goods and services claimed.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— annul Notice

EPSO/AD/94/07
published by the European Personnel Selection Office
(EPSO) in OJEU 2007 C 45 A of 28 February 2007;

competition

open

of

— order the Commission to publish all notices of competitions
to fill posts in the European Civil Service in the Official
Journal in all languages;

— order the defendant to pay the costs.

Pleas in law and main arguments

The present action is brought against Notice of open competi-
tion EPSO/AD/94/07, published by the European Personnel
Selection Office (EPSO) in OJEU 2007 C 45 A of 28 February
2007, in so far as that notice was published in only the English,
French and German versions of the OJEU.

The applicant contends that by acting in that manner the defen-
dant has infringed Council Regulation No 1 of 15 April 1958
determining the languages
to be used by the European
Economic Community and Council Regulation No 259/68 of
29 February 1968 laying down the Staff Regulations of the
European Civil Service. The defendant has also infringed the
principles of equality and non-discrimination for European citi-
zens, proportionality and legal certainty, recognised in the EC
Treaty and in the consistent case-law of the Court of Justice.

As regards, specifically, the principle of legal certainty, the appli-
cant observes that the Staff Regulations of Officials provide, in
Annex II, that notices of open competitions are to be published
in
in the Official Journal of the European Communities. In fact,
accordance with Article 5 of Council Regulation No 1/58, the
Official Journal is to be published in the 23 official languages.
However, the notice in question was published in only three
official languages.

The applicant submits, last, that there has also been an interfer-
ence with the exclusive competence of the Council, acting unan-
imously, to amend the rules on the languages to be used by the
Community.