Case T-215/07: Action brought on 22 June 2007 — Donnici v Parliament
Date: 2007-08-04
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), elective office, powers of the institutions (EU)

C 183/40

EN

Official Journal of the European Union

4.8.2007

Form of order sought

— the lifting of procurement procedure: fast track restricted
tender No 2007/S 13-014125 published in the OJ S 13 on
19 January 2007 relating to information and analysis on
quality of work and employments, industrial relations and
restructuring covering the European level of the European
Foundation for the Improvement of Living and Working
Conditions

Pleas in law and main arguments

The applicant claims that the method of execution of the above
mentioned procurement procedure was not conducted fairly by
the defendant.

The applicant submits, first, that the grounds for rejecting its
bid are not sufficiently motivated. In particular, the extracts of
the evaluation sheet which have been forwarded to the applicant
to explain adequately why the contract was
allegedly fail
awarded to another tenderer.

the applicant

Secondly,
the defendant's
letter dated 15 May 2007 contains formal defects since the
annex B to the evaluation report was allegedly not signed by
persons entrusted with the tenders' assessment.

further submits that

Action brought on 15 June 2007 — Harman International
Industries v OHIM — Becker (Barbara Becker)

(Case T-212/07)

(2007/C 183/76)

Language in which the application was lodged: English

Parties

Industries,
Applicant: Harman International
USA) (represented by: M. Vanhegan, Barrister)

Inc.

(Northridge,

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

Other party to the proceedings before the Board of Appeal: Barbara
Becker (Miami, USA)

— an order

that

the Community trade mark application

No 2 939 072 be refused in its entirety;

— an order that the defendant pays the applicant its costs
incurred before the Board of Appeal and the Court of First
Instance.

Pleas in law and main arguments

Applicant for the Community trade mark: Barbara Becker

Community trade mark concerned: The Community work mark
‘Barbara Becker’
in Class 9 — application
No 2 939 072

goods

for

Proprietor of the mark or sign cited in the opposition proceedings:
Harman International Industries, Inc

Mark or sign cited: The Community word marks ‘BECKER’ and
‘BECKER ONLINE PRO’ for goods in Class 9

Decision of the Opposition Division: Upheld the opposition in its
entirety

Decision of the Board of Appeal: Upheld the appeal and rejected
the opposition

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council
Regulation 40/94 (‘CTMR’).

The applicant claims that the Board erred in its application of
Article 8(1)(b) CTMR in finding that there was no conceptual
similarity between the applicant's mark ‘BECKER’ and the sign
applied for by ‘Barbara Becker’, and hence no likelihood of
confusion. Furthermore, the applicant submits that the Board
erred in law in its application of Article 8(5) CTMR in finding
that there was no link between the sign applied for by ‘Barbara
Becker’ and the Community trade mark of its own.

Action brought on 22 June 2007 — Donnici v Parliament

(Case T-215/07)

(2007/C 183/77)

Language of the case: Italian

Form of order sought

Parties

— Annulment of paragraph 1 of the First Board of Appeal's
decision of 7 March 2007 (Case R 502/2006-1), by which
the decision of
the Opposition Division of 15 February
2005 was annulled;

Applicant: Beniamino Donnici
Roberti, I. Perego and P. Salvatore, lawyers)

(represented by: M. Sanino, G.

Defendant: European Parliament

4.8.2007

EN

Official Journal of the European Union

C 183/41

Form of order sought

— annul the decision of the European Parliament of 24 May

2007 on the verification of the applicant's credentials;

— declare Rule 3(5) of the Rules of Procedure of the European

Parliament unlawful under Article 241 EC;

— order the defendant to pay the costs.

Pleas in law and main arguments

The decision contested in the present case declares invalid the
mandate as member of the European Parliament of Beniamino
Donnici, whose election was communicated by the competent
national authorities, and confirms the validity of the mandate of
Achille Occhetto.

It should be noted in this regard that, in a decision which has
become final, the Consiglio di Stato annulled the declaration of
the election of Achille Occhetto to the European Parliament.

In support of his claims,
European Parliament:

the applicant

submits

that

the

— was not competent to rule on the validity of the mandate
conferred on him as member of the European Parliament;

— infringed Article 12 of the 1976 Act, legislation which does
not in any way permit it to challenge decisions taken by the
national authorities acting within their powers;

— misapplied Rule 3(5) of the Rules of Procedure, which, it is
also submitted,
is unlawful as being at variance with the
1976 Act. The Rules of Procedure, in so far as they are a
source of secondary legislation, cannot of themselves confer
powers on the European Parliament which are not already
provided for in that Act;

— wrongly took the view that it could find that there had been
an infringement of Article 6 of the 1976 Act and also
breached the principle of res judicata by ‘disapplying’ the
judgments, now final and conclusive, which had been
delivered in the matter by the national courts;

— failed to give adequate reasons for the contested decision
and, in particular, failed to explain the reasons which led it
to disregard the contrary opinion delivered by its Legal
Service on this matter.

the Court of First

Order of
Instance (First Chamber
Extended Composition) of 22 May 2007 — Neue Erba
Lautex v Commission

(Case T-181/02) (1)

(2007/C 183/78)

Language of the case: German

The President of
Instance First Chamber
Extended Composition Chamber has ordered that the case be
removed from the register.

the Court of First

(1) OJ C 202, 24.8.2002.

Order of the Court of First Instance of 16 May 2007 —
Technische Glaswerke Ilmenau v Commission

(Case T-378/02) (1)

(2007/C 183/79)

Language of the case: German

The President of the Court of First Instance (Fourth Chamber)
has ordered that the case be removed from the register.

(1) OJ C 55, 8.3.2003.

Order of the Court of First Instance of 4 June 2007 —
Commission v TH Parkner

(Case T-266/06) (1)

(2007/C 183/80)

Language of the case: German

The President of the Court of First Instance (Third Chamber) has
ordered that the case be removed from the register.

(1) OJ C 294, 2.12.2006.