Source: EURLEX
Language: en
Format: md

6.9.2003 EN Official Journal of the European Union C 213/39

**Action brought on 24 June 2003 by Miguel Torres,**
**S.A. against the Office for Harmonisation in the Internal**
**Market (OHIM)**

**(Case T-247/03)**

(2003/C 213/76)

_(Language of the case: Spanish)_

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 24 June 2003 by Miguel
Torres S.A., with offices in Vilafranca del Penedès (Barcelona),
represented by E. Armijo Chávarri, M.Á. Baz de San Ceferino
and A. Castán Pérez-Gómez.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of OHIM
of 7 April 2003 handed down in matter R 0998/2001-1;

_Pleas in law and main arguments_

Applicant for Com- Bodegas Muga, S.A.
munity trade mark:

Community trade mark Figurative mark ‘Torre Muga’
sought: Application no. 791.004 sought
for products in class 33(acholic
beverages, except beers)

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

Mark or sign cited in International trade mark
opposition: no. 252.675, Danish trade mark
no. VR 03.741.1991, German
trade mark no. 2.901.360, Spanish trade marks nos 130.955,
321.331 and 130.956 and
English trade marks
nos 1.039.853 and 1.298.955
TORRES, for products in class 33

Decision of the Oppo- Rejection of the opposition
sition Division:

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: Infringement of the rights of the
defence and incorrect application
of Article 8(1)(b) of (EC) Regulation No. 40/94 (risk of confusion)

**Action brought on 2 July 2003 by ‘Y’ against Commission**
**of the European Communities**

**(Case T-249/03)**

(2003/C 213/77)

_(Language of the case: French)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 2 July 2003 by ‘Y’, represented by
Spyridoula Papanikolaou, lawyer.

The applicant claims that the Court should:

—
annul the decision of 18 June 2003 of the Director
General of RELEX terminating the applicant’s assignment
to a post in the Commission’s Delegation abroad;

—
order the defendant to pay the costs.

_Pleas in law and main arguments_

In support of his action, the applicant alleges a number of
infringements of Articles 7 and 25 of the Staff Regulations, of
the rule in the Administrative Guide for the use of the external
service of DG RELEX, which provides that the duration of an
assignment to a post is to be four years, and of the principle
of legitimate expectations. He also alleges abuse and misuse of
power and infringements of the Community disciplinary rules
and of the principle of proportionality.