Case F-19/08: Action brought on 26 February 2008 — Bennet and Others v OHIM
Date: 2008-02-26
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, action for annulment (EU), appointment of staff, competition (EU)

C 107/44

EN

Official Journal of the European Union

26.4.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Action brought on 24 December 2007 — Iordanova v
Commission

Defendant: Commission of the European Communities

(Case F-53/07)

(2008/C 107/76)

Language of the case: English

Parties

Applicant:
G. Kerelov, lawyer)

Ivanka Iordanova (Varna, Bulgaria)

(represented by:

Defendant: Commission of the European Communities

The subject-matter and description of the proceedings

Annulment of
the Commission's decision of 23 July 2007
together with the implied decisions of 9 August 2007 and
11 September 2007 supplementary thereto and the decision of
9 November 2007 in so far as they reject
the applicant's
requests of 9 April 2007, 11 May 2007 and 11 October 2007
for authorisation to (i) publish documents (in the light of all
legal considerations, in particular Articles 17, 17a, 19 and 24 of
the Staff Regulations and any copyright and data protection
provisions) and (ii) report (ex-)Commissioners and Commission
officials to the prosecuting authorities; and damages in the sum
of at least EUR 10 000.

Subject-matter and description of the proceedings

Form of order sought

Annulment of the decision of the selection board in competi-
tion EPSO/AST/14/06 of 3 April 2007 refusing to admit the
applicant to that competition and damages for material and
non-material loss.

Form of order sought

— Annul the decision of the selection board in competition
EPSO/AST/14/06 of 3 April 2007 refusing to admit the
applicant to that competition;

— Order the defendant to pay to the applicant damages fixed
in accordance with the principles of equity at EUR 28 718
for the material and non-material loss suffered as a result of
the unlawful decision of the selection board, plus interest
from the date of lodging the application;

— Order the Commission of the European Communities to

pay the costs.

— Annul the Commission's decision of 23 July 2007 together
with the
implied decisions of 9 August 2007 and
11 September 2007 supplementary thereto and the decision
of 9 November 2007 in so far as they reject the applicant's
requests of 9 April 2007, 11 May 2007 and 11 October
2007 for authorisation to (i) publish documents (in the light
of all legal considerations, in particular Articles 17, 17a, 19
and 24 of the Staff Regulations and any copyright and data
protection provisions) and (ii) report
(ex-)Commissioners
and Commission officials to the prosecuting authorities;

— order the defendant to pay the applicant damages in the
sum of at least EUR 10 000 for the non-material damage
and damage to health caused to the applicant by the deci-
sions which are to be annulled;

— order the European Commission to pay the costs.

Action brought on 30 November 2007 — Strack v
Commission

(Case F-132/07)

(2008/C 107/77)

Language of the case: German

Action brought on 26 February 2008 — Bennet and
Others v OHIM

(Case F-19/08)

(2008/C 107/78)

Language of the case: French

Parties

Parties

Applicant: Guido Strack (Cologne, Germany)
H. Tettenborn, lawyer)

(represented by:

Applicants: Kelly-Marie Bennet (Mutxamel, Spain) and Others
(represented by: G. Vandersanden, lawyer)

26.4.2008

EN

Official Journal of the European Union

C 107/45

Defendant: Office for Harmonisation in the Internal Market
(OHIM)

Form of order sought

Subject-matter and description of the proceedings

annulment of

the notices of open competitions
First,
OHIM/AD/02/07 and OHIM/AST/02/07,
in so far as those
notices have the effect of taking away from the applicants any
possibility of their names appearing on the reserve list, the
applicants being obliged to participate as a result of the termina-
tion clause unlawfully inserted to that end in their contracts for
an indefinite period. Second, damages for the non-material loss
suffered by the applicants.

— Annul the notices of open competitions OHIM/AD/02/07

and OHIM/AST/02/07;

— Order the defendant to make good the non-material

loss
suffered by the applicants, assessed on a equitable basis and
subject to a minimum of EUR 25 000 per applicant;

— Order the Office for Harmonisation in the Internal Market

to pay the costs.