Source: EURLEX
Language: en
Format: md

11.8.2001 EN Official Journal of the European Communities C 227/23

**Action brought on 5 May 2001 by Michael Cwik against** **Action brought on 14 May 2001 by Claudia Oberhauser**
**the Commission of the European Communities** **against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-103/01)**
**(Case T-104/01)**
(2001/C 227/44)

(2001/C 227/45)

_(Language of the case: French)_

_(Language of the case to be determined in accordance with Article_
An action against the Commission of the European Communi_131(2) of the Rules of Procedure Application drafted in German)_
ties was brought before the Court of First Instance of the
European Communities on 5 May 2001 by Michael Cwik,
residing at Tervuren (Belgium), represented by Nicolas Lhoëst,
An action against the Office for Harmonisation in the Internal
avocat, with an address for service in Luxembourg.
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
The applicant claims that the Court should: 14 May 2001 by Claudia Oberhauser, residing in Munich
— (Germany), represented by Markus Graf, Rechtsanwalt.
annul the Commission’s decision of 13 June 2000
Additional party before the Board of Appeal: Petit Liberto,
transferring the applicant from the Information, PubliS.A., Gerona (Spain).
cations and Economic Documentation Unit [subsequently
renamed the Euro and EMU Unit (DG ECFIN-04)] to the
General Coordination, Human Resources and Adminis- The applicant claims that the Court should:
tration Unit [subsequently renamed, in March 2000, —
the Coordination, Human Resources, Information and set aside the decision of the Second Board of Appeal of
the Office for Harmonisation in the Internal Market of
Administration Unit (DG ECFIN-01)];
28 February 2001 in Case R 757/1999-2;

—
in so far as may be necessary, annul the implicit decision

—
of the Commission rejecting the complaint submitted by order the defendant to pay the costs of these proceedings,
the applicant on 26 September 2000; and order the intervener to pay the costs of the proceedings before the Office for Harmonisation in the Internal

—
order the defendant to pay the sum of EUR 25 000 by Market.
way of compensation for non-material damage;

—
order the defendant to pay all the costs.
_Pleas in law and main arguments_

_Pleas in law and main arguments_
Applicant for regis- The applicant.
tration of a Community
The applicant maintains that, by not responding to the trade mark:
complaint made by him against his transfer, the Commission
failed to discharge its obligation to provide a statement of Trade mark for which The word mark ‘Fifties’ for goods
reasons for any decision adversely affecting an official, as laid registration sought: in Class 25 (Jeans — Items of
down in Article 25(2) of the Staff Regulations. He also pleads clothing) — Application No
misuse of powers. According to the applicant, the Commission 490003.
exerted real pressure on him, by denying him access to the
information necessary in order to enable him to perform his
Owner of the mark put Petit Liberto, S.A.
information and communication tasks, with a view to isolating
forward as grounds for
him and harassing him. The applicant further argues that his
refusal under the oppofunctions as an economic and monetary specialist did not
sition procedure:
correspond to the work which he was given to do following
his transfer to the ECFIN-01 unit. Lastly, the applicant claims
that, when deciding on his situation, the Commission failed to Trade mark put forward The registered Spanish word and
comply with its obligation to have regard to the interests as grounds for refusal: pictorial mark ‘miss fifties’
and welfare of officials, inasmuch as it did not take into (No 1,723,310) for goods in
consideration the interests of the service or the interests of the Class 25.
applicant. According to the applicant, that situation resulted
from a bad personal relationship existing for several years Decision of the Oppo- Refusal of the application.
between him and his hierarchical superiors. sition Division:

Decision of the Board of Dismissal of the applicant’s comAppeal: plaint.

C 227/24 EN Official Journal of the European Communities 11.8.2001

Pleas in law — The Board of Appeal ignored becoming established on 1 April 1985. The applicant consethe fact that the conflicting quently pleads infringement of Article 11(2) of Annex VIII to
mark consisted not of the term the Staff Regulations and breach of the general provisions for
‘miss fifties’ but of a word and the implementation of Article 11(2) of Annex VIII to the Staff
pictorial mark, containing a Regulations.
great variety of word and pictorial components.
— There was no conceptual connection between ‘Fifties’ and
‘miss fifties’.

**Action brought on 14 May 2001 by Sacilor Lormines S.A.**
**against the Commission of the European Communities**

**(Case T-107/01)**

(2001/C 227/47)

**Action brought on 11 May 2001 by Noé Youssouroum**
**against the Council of the European Union** _(Language of the case: French)_

An action against the Commission of the European Communi**(Case T-106/01)**
ties was brought before the Court of First Instance of the
European Communities on 14 May 2001 by Sacilor Lormines
(2001/C 227/46) S.A., a mining company established at Puteaux (France),
represented by Geneviève Marty, avocat.

The applicant claims that the Court should:
_(Language of the case: French)_

—
annul the implicit decision of 21 April 2001 by which
the Commission refused to uphold the complaint lodged
An action against the Council of the European Union was
by the mining company Sacilor Lormines S.A. and
brought before the Court of First Instance of the European
registered on 21 February 2001 under No SG 01 A/2321;
Communities on 11 May 2001 by Noé Youssouroum, residing
in Brussels, represented by Jean-Noël Louis and Véronique — in the alternative, annul the decision of 30 March
Peere, avocats, with an address for service in Luxembourg. 2001 by which the Commission refused to uphold
the complaint lodged by the mining company Sacilor
Lormines S.A. and registered on 21 February 2001 under
The applicant claims that the Court should:
No SG 01 A/2321;

—
annul the Council’s decision of 8 June 2000 fixing the —
order the Commission to pay the costs.
calculation of the number of years of pensionable service
with which he is to be credited pursuant to Article 11(2)
of Annex VIII to the Staff Regulations following the
_Pleas in law and principal arguments_
transfer to the Community pension scheme of the
pension rights acquired by the applicant prior to his entry
into service; By letter of 30 March 2001, the Commission refused to
uphold the applicant’s complaint requesting the opening of a
— order the defendant to pay the costs. procedure under Article 88 of the ECSC Treaty against the
French Government. In support of its action for a declaration
of failure to act and for annulment, the applicant pleads
infringement by the Commission of Article 88 of the ECSC
_Pleas in law and main arguments_ Treaty. According to the applicant, the French Government
has infringed Articles 4(c) and 86 of the ECSC Treaty by
imposing special charges on the applicant. This constitutes, it
The applicant disputes the salary taken into consideration by claims, an unlawful act against which the Commission should
the Council when calculating the number of years of pension- have taken action in accordance with Article 88 of the ECSC
able service to be credited to him following the transfer of the Treaty. In addition, the applicant pleads, in the context of its
pension rights acquired by him prior to his entry into service. action for annulment, breach of the essential procedural
According to the applicant, the Council should have taken requirements of the decision of 30 March 2001 and violation
into consideration the salary received by him upon his entry of the principle of sound administration.
into service on 1 November 1983, initially as a member of the
auxiliary staff and subsequently as a member of the temporary
staff, and not the salary corresponding to his grade upon