Case T-105/08 P: Appeal brought on 26 February 2008 by Kris Van Neyghem against the judgment of the Civil Service Tribunal delivered on 13 December 2007 in Case F-73/06, Van Neyghem v Commission
Date: 2008-02-26
Institutions: Court of First Instance
Subjects: European Commission, action by staff, appeal, competition (EU), equal treatment, staff assessment

26.4.2008

EN

Official Journal of the European Union

C 107/39

Form of order sought

— Annul the decision of the First Board of Appeal of the
(Trade
of 8 November 2007 (Case

Office for Harmonisation in the Internal Market
Marks
No R 1656/2006-1);

and Designs)

— Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned:
trade
mark in the shape of a perfume bottle for goods in class 3
(Application No 4 995 361).

the three-dimensional

Decision of the Examiner: Dismissal of the application.

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

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), because the trade mark applied for has a distinc-
tive character.

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

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

— uphold the claims for annulment and for compensation
submitted by the appellant to the Civil Service Tribunal;

— order the Commission to pay the costs of both instances.

Pleas in law and main arguments

In his appeal, the appellant is seeking the annulment of the
judgment of the Civil Service Tribunal (the ‘Tribunal’) dismissing
his application, on the one hand, for the annulment of the
competition
decision of
EPSO/A/19/04 not to admit the applicant to the oral test in that
competition and, on the other, for damages for the material and
non-material damage which he allegedly suffered.

selection board in general

the

the appellant pleads a misunder-
In support of his appeal,
standing of evidence produced before the Tribunal, namely, a
copy of the written test.

in addition, an error in the Tribunal's
The applicant pleads,
reasoning concerning the absence of a manifest error of assess-
ment on the part of the president of the selection board in the
comparison between the mark given to the applicant and the
literal assessment in the evaluation sheet.

Action brought on 27 February 2008 — CPEM v
Commission

Appeal brought on 26 February 2008 by Kris Van
Neyghem against
the Civil Service
the judgment of
Tribunal delivered on 13 December 2007 in Case F-73/06,
Van Neyghem v Commission

(Case T-105/08 P)

(2008/C 107/66)

Language of the case: French

Parties

(Case T-106/08)

(2008/C 107/67)

Language of the case: French

Parties

Applicant: Centre de promotion de l'emploi par la micro-entre-
(represented by: C. Bonnefoi,
prise (CPEM)
lawyer)

(Marseille, France)

Appellant: Kris Van Neyghem (Vissenken, Belgium) (represented
by S. Rodrigues and C. Bernard-Glanz, lawyers)

Defendant: Commission of the European Communities

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

Form of order sought by the appellant

— declare the present appeal admissible;

— annulment of the debit note;

— recognise a right to damages for public detriment to the
reputation of a body acting in the context of a task of
general interest (estimated at EUR 100 000);

— annul the judgment of the Civil Service Tribunal (Second
Chamber) delivered on 13 December 2007 in Case F-73/06;

— repayment of lawyers' fees and the costs of legal assistance

made necessary, proof of which can be provided.