Case T-37/08: Action brought on 23 January 2008 — Walton v Commission
Date: 2008-01-23
Institutions: Court of First Instance
Subjects: European Commission, Joint European Torus, action for annulment (EU), anti-discriminatory measure, indemnification, staff regulations (EU), temporary employment

12.4.2008

EN

Official Journal of the European Union

C 92/33

contract will most probably have been fully executed by the
time the Court reaches its decision or if it is no longer possible
to annul the decision, the applicant requests monetary compen-
sation (damages) in accordance with Articles 235 and 288 EC.

Decision of the Opposition Division: Upheld the opposition and
rejected the application for registration.

Decision of the Board of Appeal: Dismissal of the appeal.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1).

(2) Directive 2004/18/EC of

the
Council of 31 March 2004 on the coordination of procedures for
the award of public works contracts, public supply contracts and
public service contracts (OJ L 134, p. 114).

the European Parliament and of

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1) given that there is no likelihood of confusion
between the signs in conflict.

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

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

Action brought on 24 January 2008 — Codorniu Napa v
OHIM — Bodegas Ontañón (ARTESA NAPA VALLEY)

Action brought on 23 January 2008 — Walton v
Commission

(Case T-35/08)

(2008/C 92/67)

Language in which the application was lodged: Spanish

Parties

(Case T-37/08)

(2008/C 92/68)

Language of the case: English

Applicant: Codorniu Napa,
America)
Aguilà, lawyers)

(California, United States of
(represented by: X. Fàbrega Sabaté and M. Curell

Inc.

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

Other party to the proceedings before the Board of Appeal of OHIM:
Bodegas Ontañón, S.A.

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
20 November 2007 in Case R 747/2006-4, and

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant.

Community trade mark applied for: Figurative mark ‘ARTESA
NAPA VALLEY’
(application
No 3.079.159)

in Class

goods

for

33

Proprietor of the mark or sign cited in the opposition proceedings:
Bodegas Ontañón, S.A.

Parties

Applicant: Robert Walton (Oxford, United Kingdom) (represented
by: D. Beard, Barrister)

Defendant: Commission of the European Communities

Form of order sought

— A declaration that the decision of the Commission to set-off
the sum of EUR 36 551,58 against
the sums due to
Mr Walton pursuant to the judgment of the Court in Case
T-144/02 was unlawful; or

— a declaration that the decision of the Commission to set off
the sums due to
the sum of EUR 36 551,58 against
Mr Walton pursuant to the judgment of the Court in Case
T-144/02 was unlawful in part; or

— a declaration that the sum of EUR 36 551,58 set off by the
Commission against the sums due to Mr Walton pursuant to
the judgment of the Court in Case T-144/02 should be
recalculated so as to remove the Commission's claim for
interest; and/or

— an order

(a)

that

the established amount

receivable of
the established
receivable of EUR 13 815,16 plus interest be

EUR 13 104,14 plus interest; and/or (b)
amount
cancelled; and

Mark or sign cited in the opposition proceedings: Community figura-
tive trade mark No 2.050.623 ‘ARTESO’ for goods in Classes 33
and 35, Spanish word mark No 844.194 ‘LA ARTESA’
for
goods in Class 33.

— an order that the Commission pay the appellant's costs; and

— such further or other measures as the Court may consider

just and equitable.

C 92/34

EN

Official Journal of the European Union

12.4.2008

Pleas in law and main arguments

By judgment of 12 July 2007 in Case T-144/02 Richard J. Eagle
and Others v Commission [2007] ECR II-0000 the Commission
was ordered by the Court of First Instance to pay the applicant
damages of a certain amount.

By payment of 16 November 2007 the Commission paid a
reduced amount having set off the sum of EUR 36 551,58. The
applicant challenges the decision of the Commission to reduce
the sums due to him by this amount.

In support of its application, the applicant submits that the
Commission erred in law in reaching the contested decision, as
the decision was an unlawful abuse of process since the
Commission had withdrawn its claim for set-off during the
proceedings before the Court and therefore could not unilater-
ally pursue the issue subsequently.

The applicant furthermore contends that the contested decision
was contrary to a binding legitimate expectation of the appli-
cant, as the Commission had accepted the applicant's figures in
correspondence following the judgment of the Court.

Finally, the applicant claims that the debit notes upon which the
contested decision relied failed to provide a proper legal basis
for the decision and that the decision was based upon a funda-
mental miscalculation in relation to interest claimed.

Action brought on 22 January 2008 — Evropaïki Dynamiki
v Commission

(Case T-39/08)

(2008/C 92/69)

Language of the case: English

— order

the Commission to pay the applicant's damages
suffered on account of the tendering procedure in question
for an amount of EUR 441 564,50;

— order the Commission to pay the applicant's legal and other
costs and expenses incurred in connection with this applica-
tion, even if the current application is rejected;

— order the Commission to pay the applicant's legal and other
costs and expenses incurred in connection with this applica-
tion.

Pleas in law and main arguments

portal

The applicant submitted a bid in response to the defendant's
call
for an open tender concerning hosting, management,
enhancement, promotion and maintenance of the Commission's
Internet
(elearningeuropa.info)
(OJ 2007/S 87-105977). The applicant contests the defendant's
decision of 12 November 2007 rejecting the applicant's bid and
informing the applicant that the contract would be awarded to
another tenderer. The applicant further requests compensation
for the alleged damages caused by the tender procedure.

eLearning

on

In support of its application, the applicant submits that the
defendant committed manifest errors of assessment and failed to
state reasons in accordance with Article 253 EC. Furthermore,
the applicant alleges that the defendant confused evaluation
criteria with award criteria when evaluating the bids and used
evaluation criteria that were not disclosed to the tenderers
before the deadline for submitting the offers. Finally, the appli-
cant contends that the defendant violated the principle of non-
discrimination.

Action brought on 1 February 2008 — Vakakis v
Commission

Parties

Applicant:
Systimata
Evropaïki Dynamiki — Proigmena
Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis, lawyer)

Defendant: Commission of the European Communities

Parties

(Case T-41/08)

(2008/C 92/70)

Language of the case: English

Form of order sought

— Annul the decision of the Commission to evaluate the appli-
cant's bid as not successful and award the contract to the
successful contractor;

Applicant: Vakakis
International — Symvouli gia Agrotiki
Anaptixi AE (Athens, Greece) (represented by: B. O'Connor, Soli-
citor)

Defendant: Commission of the European Communities