Source: EURLEX
Language: en
Format: md

C 184/52 EN Official Journal of the European Union 2.8.2003

giving it the opportunity to be heard, contrary to the rights of
defence and the principle of sound administration. As to
substance, the applicant alleges, first misapplication of
Article 93(c) and (f) of Regulation No 1605/03 and, secondly,
infringement of Article 96 of that regulation and of the
principle of proportionality in determining the level of sanctions. The applicant further alleges a defective statement of
reasons in respect of the latter claims.

The applicant thus seeks compensation for the damage caused
by the sanctions unlawfully imposed by the contested decision;
such damage is not only economic in nature but is also
detrimental to the image and reputation of the company.

( [1] ) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ 2002 L 248, p. 1).

**Action brought on 2 June 2003 by Alecansan, S.L. against**
**the Office for Harmonisation in the Internal Market**
**(Trade Marks and Designs) (OHIM)**

**(Case T-202/03)**

(2003/C 184/109)

_(Language of the case: Spanish)_

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
2 June 2003 by Alecansan, S.L., with its registered office in
Madrid, represented by María Baylos Morales, Pedro Merino
Baylos and Jesús Arribas García, lawyers at the Madrid Bar.

The applicant claims that the Court should:

—
annul the decision of the First Board of Appeal of OHIM
of 24 March 2003 in Case R 711/2002-1;

—
annul the decision of OHIM's Opposition Division of
17 June 2002;

—
declare the mark claimed and the applicant's trade mark
with priority incompatible pursuant to Article 8(1)(b) of
Regulation No 40/94 on the Community trade mark;

— refuse registration of the Community trade mark ‘COMP
USA’, no 849 497, for Classes 9 and 37; and

—
order the defendant, and the intervener if he intervenes in
the action for annulment, to pay the costs.

_Pleas in law and main arguments_

Applicant for Community CompUSA Management Comtrade mark: pany

Mark or sign cited in op- The figurative English trade
position: mark ‘COMP USA’ for goods in
Class 39 (transport)

Decision of the Opposition Rejection of the opposition
Division:

Decision of the Board of Dismissal of the appeal
Appeal:

Pleas in law: Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(likelihood of confusion)

**Action brought on 11 June 2003 by Nicolas Georgio-**
**poulos** **and** **Others** **against** **the** **Commission** **of** **the**
**European Communities**

**(Case T-205/03)**

(2003/C 184/110)

_(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 11 June 2003 by Nicolas Georgiopoulos, residing in Brussels, and 4 other officials, represented
by G. Bounéou and F. Frabetti, lawyers, with an address for
service in Luxembourg.

The applicants claim that the Court should:

—
annul the decision of the competent hierarchical authority
changing, with effect from a year not further specified
(1993, 1996, 1997, or another year, and for the period
during which the applicants were officials of the Commission of the European Communities), the procedure for
calculating the annual expense of travelling to Greece in
respect of the journey via Brindisi, as taken into consideration for destinations in the Pelopponese;

or, in the alternative,

Community trade mark Figurative trade mark ‘COMP
sought: USA’ — Application no
2 133 202 for goods in
Classes 9 and 37 (items related
to computers)

Proprietor of mark or sign
cited in the opposition proceedings:

The applicant