CELEX: C2003/112/62
Language: en
Date: 2003-05-10 00:00:00
Title: Order of the Court of First Instance of 4 March 2003 in Case T-316/02: Marie-Claude Girardot v Commission of the European Communities (Officials — Action for annulment — Refusal to admit to the tests of a competition — Irregularity of the prior administrative procedure — Manifest inadmissibility of the action for annulment)

C 112/32                EN                          Official Journal of the European Union                                         10.5.2003
       ORDER OF THE COURT OF FIRST INSTANCE                                 The applicant claims that the Court should:
                         of 4 March 2003                                    —      annul the decision of the Second Board of Appeal of the
                                                                                   Office of 5 December 2002 in Case No R 1072/2000-2;
in Case T-316/02: Marie-Claude Girardot v Commission                        —      order the defendant to pay all the costs.
               of the European Communities ( 1)
(Officials — Action for annulment — Refusal to admit to
the tests of a competition — Irregularity of the prior                      Pleas in law and main arguments
administrative procedure — Manifest inadmissibility of the
                       action for annulment)                                Applicants for Com-            F. Dann and A. Backer
                                                                            munity trade mark:
                          (2003/C 112/62)
                                                                            Community trade mark           The word mark ‘HOOLIGAN’ —
                                                                            sought:                        application No 7179 filed in
                    (Language of the case: French)
                                                                                                           respect of goods in Class 25
                                                                            Proprietor of mark or          The applicant
In Case T-316/02: Marie-Claude Girardot, residing in L’Haye                 sign cited in the oppo-
les Roses (France), represented by E. Boigelot, lawyer, with an             sition proceedings:
address for service in Luxembourg, against the Commission of
the European Communities (Agents: F. Clotuche-Duvieusart                    Mark or sign cited in          The French word mark and the
and H. Tserepa-Lacombe) — application for annulment of the                  opposition:                    international word mark ‘OLLY
rejection of the applicant’s application to take part in the tests                                         GAN’, registered, inter alia, for
for Internal Competition COM/R/502211/01 — the Court of                                                    goods in Class 25 (clothing)
First Instance (First Chamber), composed of: B. Vesterdorf,
President, and R.M. Moura Ramos and H. Legal, Judges;                       Decision of the Oppo-          Refusal of the application for
H. Jung, Registrar, has made an order on 4 March 2003, the                  sition Division:               registration
operative part of of which is as follows:
                                                                            Decision of the Board of       Annulment of the decision of the
                                                                            Appeal:                        Opposition Division
1.    The application is dismissed as inadmissible.
                                                                            Pleas in law:                  Infringement of Article 8(1)(b) of
2.    The parties are ordered to bear their own costs.                                                     Regulation (EC) No 40/94 and of
                                                                                                           the legal concept of likelihood of
                                                                                                           confusion.
( 1) OJ C 305 of 7.12.02.
Action brought on 20 February 2003 by Société Provença-                     Action brought on 24 February 2003 by Olimpiaki
le d’Achat et de Gestion (SPAG) against the Office for                      Aeroporia A.E. (Olympic Airways) against the Com-
            Harmonisation in the Internal Market                                        mission of the European Communities
                           (Case T-57/03)                                                             (Case T-68/03)
                          (2003/C 112/63)                                                            (2003/C 112/64)
                    (Language of the case: French)                                              (Language of the Case: Greek)
An action against the Office for Harmonisation in the Internal              An action against the Commission of the European Communi-
Market was brought before the Court of First Instance of the                ties was brought before the Court of First Instance of the
European Communities on 20 February 2003 by Société                         European Communities on 24 February 2003 by Olimpiaki
Provençale d’Achat et de Gestion (SPAG), established in                     Aeroporia A.E. (Olympic Airways), whose seat is at 96-100
Marseilles, France, represented by K. Manhaeve, lawyer, with                Leoforos Singrou, 11741 Athens, Greece, represented by Denis
an address for service in Luxembourg. F. Dann and A. Backer,                Waelbroek, Efthimios Bourtzalas, Julian Ellison, Matthew Hall,
Frankfurt am Main, Germany, were also parties to the proceed-               Andreas Kalogeropoulos, Kharis Tagaras and Aristidis Khiote-
ings before the Board of Appeal.                                            lis, lawyers.