Case T-6/09: Action brought on 12 January 2009 — Hansen v Commission
Date: 2009-01-12
Institutions: Court of First Instance
Subjects: European Commission, Greenland, action for annulment (EU), health care, illness, radioactivity, therapeutics, worker with disabilities

21.3.2009

EN

Official Journal of the European Union

C 69/45

Action brought on 2 January 2009 — Lind v Commission

case of workers, including the applicant's brother, involved in a
nuclear accident in Thule, Greenland.

(Case T-5/09)

(2009/C 69/99)

Language of the case: English

(1) European Parliament report of 20 April 2007 on the public health
crash (Petition 720/2002)

the 1968 Thule

consequences of
[2006/2012(INI)].

(2) OJ L 159, p. 1.

Parties

Applicant: Brigit Lind (Greve, Denmark)
Anderson, advocate)

(represented by:

I.

Defendant: Commission of the European Communities

Form of order sought

— order the Commission to pay to the applicant, individually,
the sum of 50 000 EUR, or such other sum as the Court
for shock and distress
may consider just and equitable,
suffering and
experienced by her
wrongful death as result of the Commission's capricious and
unlawful refusal to enforce the implementation of medical
monitoring provisions of Directive 96/29 in the case of the
former workers who participated in the radiological emer-
gency at Thule;

from her brother's

for pain and suffering,

— order the Commission to pay to the estate of John Erling
Nochen, as
the sum of
represented by the applicant,
250 000 EUR, or such other sum as the Court may consider
just and equitable,
including the
awareness of the curtailment of life, from 2006 until his
death in 2008, as result of the Commission's capricious and
unlawful refusal to enforce the implementation of medical
monitoring provisions of Directive 96/29 in the case of the
former workers who participated in the radiological emer-
gency at Thule and the sum of 6 000 EUR, for funeral
expenses;

— order the Commission to pay reasonable legal costs and
in bringing the

disbursements incurred by the applicant
present proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages she claims to have
incurred from her brother's death allegedly caused by illegal
refusal by the Commission to comply with plenary resolution of
the European Parliament (1) and to enforce the application by
Denmark of the provisions of Council Directive 96/29/Euratom
of 13 May 1996 laying down basic safety standards for the
protection of
the health of workers and the general public
against the dangers arising from ionizing radiation (2) to the

Action brought on 12 January 2009 — Hansen v
Commission

(Case T-6/09)

(2009/C 69/100)

Language of the case: English

Parties

Applicant: Bent Hansen (Aarslev, Denmark) (represented by: I.
Anderson, advocate)

Defendant: Commission of the European Communities

Form of order sought

— order the Commission to pay to the applicant the sum of
800 000 EUR or such other sum as the Court may consider
just and equitable for past, present and future pain, suffering
life from serious
the enjoyment of
and diminution of
impairments to his health resulting from the Commission's
capricious and unlawful refusal to enforce the implementa-
tion of medical monitoring of Directive 96/26 for radiation
related illnesses and conditions in the case of former Thule
workers;

— order

the Commission to pay to the applicant or
the
medical treating facilities or care givers, the future costs of
medical treatments and medications to alleviate and/or treat
his impaired health, referred to in the first claim above,
which are not available to him through the socialized
medical system of his Member State;

— order the Commission to pay reasonable legal costs and
in bringing the

disbursements incurred by the applicant
present proceedings.

C 69/46

EN

Official Journal of the European Union

21.3.2009

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages he claims to have
incurred as a result of the alleged illegal refusal by the Commis-
sion to comply with plenary resolution of the European Parlia-
ment (1) and to enforce the application by Denmark of
the
provisions of Council Directive 96/29/Euratom of 13 May 1996
laying down basic safety standards for the protection of the
health of workers and the general public against the dangers
arising from ionizing radiation (2)
to the case of workers,
including the applicant, involved in a nuclear accident in Thule,
Greenland.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), as the registered mark has the necessary distinc-
tive character. Further, the registered mark has distinctive char-
acter in consequence of use under Article 7(3) of Regulation
No 40/94.

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

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

(1) European Parliament report of 20 April 2007 on the public health
crash (Petition 720/2002)

the 1968 Thule

consequences of
[2006/2012(INI)].

(2) OJ L 159, p. 1.

Action brought on 13 January 2009 — Gruber v OHIM
(Run the globe)

(Case T-12/09)

(2009/C 69/102)

Language in which the application was lodged: German

Action brought on 12 January 2009 — Schunk v OHIM
(cylinder-shaped section of a chuck)

Parties

(Case T-7/09)

(2009/C 69/101)

Applicant: Alexander Gruber (Ulm, Germany) (represented by T.
Kienle and M. Krinke, lawyers)

Language in which the application was lodged: Germany

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

Parties

Form of order sought

Applicant: Schunk GmbH & Co. KG Spann- und Greiftechnik
(Lauffen am Neckar, Germany)
(represented by C. Koppe-
Zagouras, lawyer)

— annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 6 November 2008 (Case R 1779/2007-1);

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

— order the defendant to pay the costs.

Pleas in law and main arguments

Form of order sought

Community trade mark concerned: the word mark ‘Run the globe’
for services in Class 41 — Application No 5 154 521

— annul

the decision of

the First Board of Appeal of

31 October 2008 — Case R 1109/2007-1;

Decision of the Examiner: Refusal of the application

— order the defendant to pay the costs.

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law and main arguments

Community trade mark concerned: another type of mark, showing
the cylinder-shaped section of a chuck, for goods in Classes 7
and 8 — Application No 3 098 894

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

in law:

Pleas
Infringement of Article 7(1)(b) of Regulation
No 40/94 (1), as the registered mark has the necessary distinc-
tive character.

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

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