CELEX: C2000/302/62
Language: en
Date: 2000-10-21 00:00:00
Title: Judgment of the Court of First Instance of 17 May 2000 in Case T-203/98: Yannis Tzikis v Commission of the European Communities (Officials — Disciplinary procedure — Removal from post — Statement of reasons — Actual facts — Manifest error of assessment)

21.10.2000              EN                     Official Journal of the European Communities                                        C 302/25
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               Action brought on 14 July 2000 by Gödecke AG against
                                                                              the Office for Harmonisation in the Internal Market
                          of 17 May 2000                                                           (Case T-187/00)
                                                                                                  (2000/C 302/63)
in Case T-203/98: Yannis Tzikis v Commission of the
                   European Communities (1)                                                  (Language of the case: German)
                                                                          An action against the Office for Harmonisation in the Internal
                                                                          Market was brought before the Court of First Instance of the
(Officials — Disciplinary procedure — Removal from post
                                                                          European Communities on 14 July 2000 by Gödecke AG,
— Statement of reasons — Actual facts — Manifest error
                                                                          of Freiburg (Federal Republic of Germany), represented by
                            of assessment)
                                                                          Dr Wolfgang Schmid, Rechtsanwalt, of Messrs Bappert, Witz
                                                                          & Selbherr, Freiburg. A further party to the proceedings before
                                                                          the Board of Appeal was Teva Pharmaceutical Industries
                          (2000/C 302/62)                                 Limited, Jerusalem, Israel.
                                                                          The applicant claims that the Court should:
                    (Language of the case: French)                        (1) annul the decision of the First Board of Appeal of the
                                                                                defendant of 15 May 2000 in the proceedings registered
                                                                                under No R 501/1999-1;
In Case T-203/98: Yannis Tzikis, an official of the Commission            (2) on the basis of the restoration of the decision of the
of the European Communities, residing at Boortmeerbeek                          Opposition Division of the defendant of 21 June 1999
(Belgium), represented by G. Vandersanden and L. Levi, of the                   (Decision No 387/1999), uphold the opposition entered
Brussels Bar, with an address for service in Luxembourg at                      against the application for registration of Community
the offices of Société de Gestion Fiduciaire, 2-4 Rue Beck,                     trade mark No 115 477 ‘ACAMOL’ and refuse regis-
v Commission of the European Communities (Agents: G. Val-                       tration in respect of that application.
sesia and J. Currall) — application, first, for annulment of
the decision of 27 October 1998 by which the appointing                   Pleas in law and main arguments
authority imposed on the applicant the disciplinary measure
of removal from post without withdrawal or reduction of                   Applicant for the Com-         Teva Pharmaceutical Industries
entitlement to a retirement pension and, second, for compen-              munity trade mark:             Limited
sation — the Court of First Instance (Fourth Chamber),
composed of: V. Tiili, President, and R.M. Moura Ramos and                The Community trade            Verbal mark ‘ACAMOL’ — appli-
P. Mengozzi, Judges; G. Herzig, Administrator, for the Regis-             mark concerned:                cation No 115 477, relating to
trar, has given a judgment on 17 May 2000, in which it:                                                  goods in Class 5 (pharmaceutical
                                                                                                         products)
                                                                          Proprietor of the right to     The applicant
1.    Annuls the appointing authority’s decision of 27 October            the trade mark or sign
      1998 imposing on the applicant the disciplinary measure of          asserted by way of oppo-
      removal from post without withdrawal or reduction of                sition in the opposition
      entitlement to a retirement pension;                                proceedings:
                                                                          Trade mark or sign             Registered German trade mark
2.    Dismisses the remainder of the action;                              asserted by way of oppo-       ‘AGAROL’, relating to goods in
                                                                          sition in the opposition       Class 2 (laxatives)
                                                                          proceedings:
3.    Orders the Commission to pay all the costs.                         Decision of the Oppo-          Refusal of the application
                                                                          sition Division:
                                                                          Decision of the Board of       Annulment of the decision of the
                                                                          Appeal:                        Opposition Division and rejection
(1) OJ C 71 of 13.3.1999.                                                                                of the opposition
                                                                          Grounds of claim:              Incorrect       application     of
                                                                                                         Article 8(1)(b) of Regulation (EC)
                                                                                                         No 40/94