CELEX: C2000/063/60
Language: en
Date: 2000-03-04 00:00:00
Title: Case T-351/99: Action brought on 9 December 1999 by Christian Brumter against the Commission of the European Communities

C 63/30               EN                      Official Journal of the European Communities                                       4.3.2000
— hold that the denomination ‘Trustedlink’ is in conformity              represented by Jean-Noël Louis, Greta-Françoise Parmentier
    with Article 7 of Regulation No 40/94 for the above                  and Véronique Peere, of the Brussels Bar, with an address for
    reasons;                                                             service in Luxembourg at the offices of Société de Gestion
                                                                         Fiduciaire, 2-4 Rue Beck.
— condemn the OHIM to pay all expenses.
                                                                         The applicant claims that the Court should:
                                                                         — annul the decision rejecting the application by the appli-
Pleas in law and main arguments                                              cant for the post of Head of the unit responsible for
                                                                             ‘Resources, internal control and relations with the Court of
                                                                             Auditors’ within the former Directorate-General XXIII;
Trade mark concerned:         ‘Trustedlink’
                                                                         — annul the appointment of another candidate to that post;
Product or service:           Computer software for electronic
                              commerce, business consulting
                                                                         — order the defendant to pay the costs.
                              services for integrating commerce
                              technologies and services, softwa-
                              re integration services for integrat-
                              ing corporate application systems          Pleas in law and main arguments
                              with electronic commerce tech-
                              nologies and services, education           The applicant maintains that, by adopting the contested
                              services for electronic commerce           decisions, the defendant has breached the legal framework
                              technologies and services, as well         which it imposed on itself in drawing up the notice of vacancy,
                              as services for assisting organis-         and has infringed the principle of equal treatment and the
                              ations in deploying, expanding             principle that officials should have reasonable career prospects.
                              or managing electronic commerce            He further maintains that the defendant has disregarded
                              technologies and services (classes         Article 25 of the Staff Regulations of officials, inasmuch as it
                              9, 35, 38, 41 and 42)                      has failed to provide him with any information enabling him
                                                                         to examine the validity of the contested decisions.
Decision        contested     decision of the examiner not to
before the Board of           consider the trade mark eligible
Appeal:                       for registration, pursuant to
                              Article 7(1)(b) of the Community
                              Trade Mark Regulation (CTMR)
Pleas in law relied on:       missapplication of Article 7(1)(b)
                              of the CTMR                                Action brought on 15 December 1999 by Sonia Marion
                                                                         Elder and Robert Dale Elder against the Commission of
Subsidiary:                   lack of grounds                                             the European Communities
                                                                                                   (Case C-356/99)
                                                                                                    (2000/C 63/61)
                                                                                            (Language of the case: English)
Action brought on 9 December 1999 by Christian Brum-
ter against the Commission of the European Communities                   An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 15 December 1999 by Sonia
                        (Case T-351/99)                                  Marion Elder and Robert Dale Elder, represented by Scott
                                                                         Crosby, with an address for service at the Chambers of
                                                                         Kemmler Rapp Böhlke & Crosby, 9 Rond-Point Schuman,
                         (2000/C 63/60)
                                                                         1040 Brussels.
                                                                         The applicant claims that the Court should:
                   (Language of the case: French)
                                                                         — annul the refusal of the defendant constituting a failure to
An action against the Commission of the European Communi-                    give a substantive reply to the confirmatory application of
ties was brought before the Court of First Instance of the                   the applicants of 25 October 1999;
European Communities on 9 December 1999 by Christian
Brumter, residing in Pristina (Federal Republic of Yugoslavia),          — order the defendant to pay the applicants’ costs.