Case T-574/08: Action brought on 24 December 2008 — Syndicat des thoniers méditerranéens and Others v Commission
Date: 2008-12-24
Institutions: Court of First Instance
Subjects: EU Member State, EU trade mark, European Union Intellectual Property Office, action for annulment (EU), designs and models, trade-mark law

21.3.2009

EN

Official Journal of the European Union

C 69/41

— so far as necessary, return the matter to the competent
authority for a ruling in accordance with the judgment in
the appeal;

— order the respondent to pay the sum of EUR 1 100 000
in respect of

(one million one hundred thousand Euros)
damages and interest;

Jean Louis Étienne Jalabert (Sigean, France),

Di Rocco (Frontignan, France), Jean Louis Donnarel, Jean-Fran-
çois Flores,
Jean
Gérald Lubrano (Marseille, France), Gérald Jean Lubrano (Balaruc
les Bains, France), Jean Lubrano, Jean Lucien Lubrano, Fabrice
Marin, Robert Marin, Hervé Marin, Nicolas Marin, Sébastien
Marin, Jean-Marc Penniello, Serge Antoine José Perez (Sorède,
France) (represented by: C. Bonnefoi, lawyer)

— so far as necessary, order an expert to give a report on the

extent of the financial loss suffered by the appellant;

Defendant: Commission of the European Communities

— order the respondent to pay all the costs and expenses of

the case;

— authorise the appellant expressly to refer to his pleadings at
first instance which are annexed to the present appeal and
form an integral part thereof;

— as to the remainder, authorise the appellant expressly to
reserve all his rights of actions and remedies and in particu-
lar the right to bring an action before the European Court
of Human Rights.

Pleas in law and main arguments

By the present appeal, the appellant seeks the annulment of the
judgment of the Civil Service Tribunal (CST) of 4 September
2008, delivered in Case F-103/07 Duta v Court of
Justice,
dismissing as inadmissible the action by which the appellant
the memorandum
sought, on the one hand, annulment of
informing him that he would not be offered a post as a Legal
Secretary and, on the other, damages in compensation for the
loss allegedly suffered.

The appellant states that his appeal
is lodged as a protective
measure in order to maintain his rights before the European
Court of Human Rights. He does not give precise details of the
contested points in the judgment of which he seeks annulment,
or the legal arguments made in specific support of that claim.

Form of order sought

— Declare that the European Commission is liable in respect of
the consequences of
the implementation of Commission
Regulation (EC) No 530/2008 of 12 June 2008 establishing
emergency measures as regards purse seiners fishing for
bluefin tuna in the Atlantic Ocean, east of longitude 45° W,
and in the Mediterranean Sea;

— Order payment of compensation commensurate with the
consequences of that finding of liability; that compensation
is estimated on the basis of the attached evidence and is in
the process of confirmation; it is stated in EUR:

— Buono Jean-Luc and Gérard: 323 053 or 564 956

(according to whether before or after taxation);

— Carreno Marc: symbolic EUR 1;

— Del Ponte Roger: 518 707 or 703 707 (according to

whether before or after taxation);

— Di Rocco Serge: 388 047 or 634 207 (according to

whether before or after taxation);

— Donnarel Jean-Louis: 351 685;

— Flores Jean-François: symbolic EUR 1;

— Jalabert Jean Louis Etienne: 144 643;

— Lubrano Jean and Lubrano Jean Lucien: 212 358;

— Lubrano Jean-Gérald: 237 160 or 474 320 (according

to whether before or after taxation);

Action brought on 24 December 2008 — Syndicat des
thoniers méditerranéens and Others v Commission

— Lubrano Gérald: 213 588;

(Case T-574/08)

(2009/C 69/94)

Language of the case: French

Parties

Applicants: Syndicat des
(Marseille,
France), Jean-Luc Buono, Gérard Buono, Marc Carreno, Roger
Louis Paul Del Ponte (Balaruc les Bains, France), Serge Antoine

thoniers méditerranéens

— Marin Fabrice and Marin Robert: 466 665 or 610 820

(according to whether before or after taxation);

— Marin Hervé, Marin Nicolas, Marin Robert and Marin

Sébastien: symbolic EUR 1;

— Penniello Jean-Marc: 624 000;

— Perez Serge Antoine: 54 645;

— Order payment of compensation for non-pecuniary losses to
the Syndicat des thonniers méditerranéens commensurate
with the consequences of that finding of liability, that is to
say, a lump sum of EUR 30 000 which will be used to
provide members with information regarding Community
fishing law and legislation;

C 69/42

EN

Official Journal of the European Union

21.3.2009

— Order payment of all

legal costs, fees and disbursements,
details of which will be provided, arising out of the present
proceedings.

Action brought on 29 December 2008 — Perusahaan
Otomobil Nasional v OHIM — Proton Motor Fuel Cell
(PM PROTON MOTOR)

Pleas in law and main arguments

the loss which they consider

The applicants, who are sea-fishermen, and their union seek
they have
compensation for
suffered because of
the adoption of Commission Regulation
(EC) No 530/2008 (1) prohibiting fishing for bluefin tuna in the
Atlantic Ocean, east of longitude 45° W, and in the Mediterra-
nean Sea by purse seiners flying the Greek, French,
Italian,
Cypriot, Maltese or Spanish flag or registered in those Member
States.

In support of their action, the applicants put forward a number
of pleas in law and arguments alleging, respectively:

— breach of the principles of the Code of Conduct annexed to
the internal rules of the Commission, since the Commission
did not hold a meeting with the Syndicat des thoniers médi-
terranéens, despite having promised to do so;

— failure to compensate the applicant whose fishing activities
are prohibited even though they have not yet filled their
quota;

— that

the measures adopted by the Commission do not
constitute a mere risk inherent to the sector of activity for
which the applicants should not be compensated;

— a lack of evidence of the need for the measures adopted,
since those measures were adopted on the basis of mathe-
matical extrapolations which do not constitute proof;

(Case T-581/08)

(2009/C 69/95)

Language in which the application was lodged: English

Parties

Applicant: Perusahaan Otomobil Nasional Sdn. BHD (Shah
Alam, Malaysia)
J. Blind, C. Kleiner and S.
Ziegler, lawyers)

(represented by:

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

Other party to the proceedings before the Board of Appeal: Proton
Motor Fuel Cell GmbH (Starnberg, Germany)

Form of order sought

for Harmonisation

— Annul the decision of the First Board of Appeal of the
Office
Internal Market
(Trade Marks and Designs) of 9 October 2008 in case
R 1675/2007-1, uphold the opposition No 501 306 for all
goods and services and reject the application for the Com-
munity trade mark No 2 296 408; and

the

in

— Order the defendant and,

if the case might be, the other
party to the proceedings before the Board of Appeal to pay
the costs of proceedings and the costs of appeal incurred
before the defendant.

Pleas in law and main arguments

— that the measures at issue were not adopted on the basis of

a serious threat;

Applicant for the Community trade mark: The other party to the
proceedings before the Board of Appeal

— breach of the principle of legal certainty, since the Regu-
lation at issue closing fishing of bluefin tuna was adopted in
a very short time and annulled provisions which had just
opened the fishing season;

fundamental rights of

— breach of the fundamental rights guaranteed by the Charter
the European Union (2), more
of
specifically of the right to engage in work and the right to
property.

(1) Commission Regulation (EC) No 530/2008 of 12 June 2008 estab-
lishing emergency measures as regards purse seiners fishing for
bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in
the Mediterranean Sea (OJ 2008 L 155, p. 9).

(2) OJ 2000 C 364, p. 1.

Community
trade mark concerned: The figurative mark ‘PM
PROTON MOTOR’, for goods and services in classes 7, 9 and 42
— application No 2 296 408

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant

sign cited: Community

trade mark registration
or
Mark
No 198 564 of
for goods and
the word mark ‘PROTON’
services in classes 12 and 37; Community trade mark registra-
tion No 1 593 201 of the figurative mark ‘PROTON’ for goods
and services in classes 12 and 37; United Kingdom trade mark
registration No 1 322 343 of the series of marks ‘PROTON’ for
services in class 37; United Kingdom trade mark registration
No 2 227 660 of the figurative mark ‘PROTON’ for goods and
services in classes 12 and 37; United Kingdom trade mark regis-
tration No 2 182 057 of the word mark ‘PROTON DIRECT’ for
goods in class 12; Registration of the word mark ‘PROTON’ in
Benelux, Denmark, Finland, Germany, Greece, Ireland, Portugal
and Spain