Case T-572/08 P: Appeal brought on 19 December 2008 by the Commission of the European Communities against the judgment of the Civil Service Tribunal delivered on 13 November 2008 in Case F-90/07 Traore v Commission
Date: 2008-12-19
Institutions: Court of First Instance
Subjects: European Commission, appeal, appointment of staff, professional career, racial discrimination, recruitment, regulations for civil servants

C 44/64

EN

Official Journal of the European Union

21.2.2009

Action brought on 17 December 2008 — Monoscoop v
OHIM (SUDOKU SAMURAI BINGO)

Other party to the proceedings: Amadou Traore (Rhode-Saint-
Genèse, Belgium)

(Case T-564/08)

(2009/C 44/108)

Language in which the application was lodged: Spanish

Form of order sought by the appellant

Parties

Applicant: Monoscoop BV (Alkmaar, Netherlands) (represented
by A. Canela Giménez, lawyer)

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

Form of order sought

— annul

the judgment of

the Civil Service Tribunal of
13 November 2008 in Case F-90/07 in so far as it upheld
the first plea alleging irregularity of the recruitment proce-
dure, infringement of Articles 7(1) and 29(1) of the Staff
Regulations and the principles of equal treatment and elig-
ibility for promotion, in that the level of posts was fixed at
grades AD9 to AD14 in so far as it concerned the post of
head of operations in Tanzania, and annulled the rejection of
Mr Traore's candidature and the appointment of Mr S. to
that post;

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (OHIM) of
30 September 2008, in Case R 816/2008-2; and

— dismiss the action brought by Mr Traore before the Civil
Service Tribunal in Case F-90/07 in so far as it was upheld
by that tribunal;

— order OHIM to pay the costs.

Pleas in law and main arguments

the word mark ‘SUDOKU
Community trade mark concerned:
SAMURAI BINGO’ (Application for registration No 5.769.013)
for goods and services in classes 9, 28 and 41.

— order the applicant at first instance to pay the costs of the
appeal and rule as required on the costs of the proceedings
before the Civil Service Tribunal.

Decision of the Examiner: Rejection of the application.

Pleas in law and main arguments

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

Pleas in law: Incorrect application of Article 7(1)(b) and (c) and
Article 7(2) of Regulation (EC) No 40/94 on the Community
trade mark.

Appeal brought on 19 December 2008 by the Commission
of the European Communities against the judgment of the
Civil Service Tribunal delivered on 13 November 2008 in
Case F-90/07 Traore v Commission

(Case T-572/08 P)

(2009/C 44/109)

Language of the case: French

Parties

Appellant: Commission of the European Communities (repre-
sented by J. Currall, G. Berscheid and B. Eggers, acting as
Agents)

By this appeal, the Commission seeks the annulment of the
judgment of the Civil Service Tribunal (CST) of 13 November
2008 in Case F-90/07 Traore v Commission, in which the CST
annulled the Commission's decision of 12 December 2006,
rejecting Mr Traore's candidature for the post of head of opera-
tions of the Commission's delegation in Tanzania and the deci-
sion to appoint another candidate to that post, inasmuch as the
level at which the post at issue was to be filled had been fixed at
grades AD 9 to AD 14 (and not limited to one of the groups of
two grades AD 9/AD 10, AD 11/AD 12 or AD 13/AD 14).

In support of its appeal, the Commission adduces pleas alleging:

— error of law by the CST in misinterpreting the judgment of
the Court of First Instance of 8 July 2008 in Case T-56/07 P
Commission v Economidis (not yet published in the ECR), in
so far as the CST erroneously limited the scope of that judg-
ment to the case of filling a post of head of unit, whereas
the same conditions applied to other AD posts, such as that
at issue in this case;

— infringement of the principles of respect for the general

interests of the service and sound administration.