Case T-248/08 P: Appeal brought on 23 June 2008 by Frantisek Doktor against the judgment of the Civil Service Tribunal delivered on 16 April 2008 in Case F-73/07, Doktor v Council
Date: 2008-06-23
Institutions: Court of First Instance
Subjects: Council of the European Union, action by staff, appeal, dismissal, regulations for civil servants, traineeship

C 223/52

EN

Official Journal of the European Union

30.8.2008

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought: the figurative mark ‘TIR 20 FILTER
CIGARETTES’ for goods in Class 34 (Community trade mark
No 400 804).

Proprietor of the Community trade mark: the applicant.

Applicant for the declaration of invalidity: AD Bulgartabac Holding.

Decision of the Cancellation Division: cancellation of the relevant
Community trade mark.

Decision of
appeal.

the Board of Appeal: dismissal of

the applicant's

Pleas in law: conditions of admissibility to be taken into consid-
eration ex officio by OHIM concerning AD Bulgartabac
Holding's application were not examined, contrary to Com-
munity law, to Regulation (EC) No 40/94 (1) and to other proce-
dural principles.

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

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

By the present appeal, the appellant seeks annulment of the
judgment of the Civil Service Tribunal (CST) of 16 April 2008,
delivered in Case F-73/07 Doktor v Council, dismissing the action
by which the applicant had sought, on the one hand, annulment
of the decision of the Council to dismiss the applicant at the
end of his probationary period and, on the other, damages in
compensation for the professional, financial and non-pecuniary
losses allegedly suffered.

In support of his appeal, the appellant submits that the CST
i) distorted the clear sense of certain pieces of evidence, in par-
ticular by basing a number of its conclusions on an incorrect
material assessment of the elements of the documents submitted
to it; ii) infringed the applicant's rights of the defence by not
taking into consideration or not answering a number of
elements or arguments put before it; and iii) committed two
errors in law with respect to its interpretation of Community
law relating to the applicant's right to complete his probationary
period under normal conditions and to the administration's
ability to supplement the reasoning of a complaint during the
written procedure before the Community Courts.

Appeal brought on 23 June 2008 by Frantisek Doktor
against the judgment of the Civil Service Tribunal delivered
on 16 April 2008 in Case F-73/07, Doktor v Council

(Case T-248/08 P)

(2008/C 223/91)

Language of the case: French

Action brought on 26 June 2008 — Vion v OHIM
(PASSION FOR BETTER FOOD)

(Case T-251/08)

(2008/C 223/92)

Language in which the application was lodged: German

Parties

Parties

Appellant: Frantisek Doktor (Bratislava, Slovakia) (represented by
S. Rodrigues and C. Bernard-Glanz, lawyers)

Applicant: Vion NV (Best, Netherlands)
A. Klinger, lawyer)

(represented by

Other party to the proceedings: Council of the European Union

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

Form of order sought by the appellant

— Annul the judgment delivered by the European Union Civil

Service Tribunal on 16 April 2008 in Case F-73/07;

— Grant

the pleas

seeking annulment and compensation

submitted by the applicant at first instance;

Form of order sought

— Annul the decision of the Fourth Board of Appeal of the
(Trade
Office for Harmonisation in the Internal Market
Marks and Designs) of 25 April 2008 (Case R 562/2007-4);

— Order the defendant at first instance to pay all the costs of

the action for annulment and of the appeal.

— order the defendant to pay the costs.