CELEX: C2000/122/59
Language: en
Date: 2000-04-29 00:00:00
Title: Case T-34/00: Action brought on 21 February 2000 by Eurocool Logistik GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

29.4.2000             EN                     Official Journal of the European Communities                                       C 122/39
Action brought on 21 February 2000 by Eurocool Logistik                 Action brought on 24 February 2000 by Yannick Cheva-
GmbH against the Office for Harmonisation in the                         lier-Delanoue against the Council of the European Union
         Internal Market (Trade Marks and Designs)
                                                                                                  (Case T-37/00)
                         (Case T-34/00)
                                                                                                 (2000/C 122/60)
                        (2000/C 122/59)
                                                                                            (Language of the case: French)
                  (Language of the case: German)
                                                                        An action against the Council of the European Union was
                                                                        brought before the Court of First Instance of the European
An action against the Office for Harmonisation in the Internal          Communities on 24 February 2000 by Yannick Chevalier-Del-
Market (Trade Marks and Designs) was brought before the                 anoue, residing at Brussels, represented by Georges Vander-
Court of First Instance of the European Communities on                  sanden and Laure Levi, of the Brussels Bar, with an address for
21 February 2000 by Eurocool Logistik GmbH, Linz, Republic              service in Luxembourg at the offices of the Société de Gestion
of Austria, represented by Dr. Günther Secklehner, Phyrnstras-          Fiduciaire SARL, 2-4 Rue Beck.
se 1, Liezen, Republic of Austria.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                        — annul Council Decision 1999/307/EC of 1 May 1999
                                                                             laying down the detailed arrangements for the integration
— annul decision R233/1999-1 of the Board of Appeal of                       of the Schengen Secretariat into the General Secretariat of
    9 December 1999, confirming the decision of 11 March                     the Council;
    1999 and refer the mark back to the Office for registration
    to proceed;
                                                                        — annul the decision to appoint Ms R. to an LA 5 post in the
                                                                             French Division of the Translation Service of the Council;
— in the alternative, partially annul the decision of the Board
    of Appeal referred to at indent one above and refer the             — annul the implied consecutive decision not to appoint the
    mark back to the Office for registration to proceed on the               applicant to such a post;
    basis of a limited designation of goods;
                                                                        — order the defendant to draw all the necessary legal
— order the defendant to pay the costs of the procedure,                     consequences as regards the reinstatement of the appli-
    including the costs of the procedure before the Board of                 cant’s rights;
    Appeal.
                                                                        — failing that, order the defendant to pay compensation for
                                                                             the damage suffered, both material and non-material,
Pleas in law and main arguments                                              provisionally quantified at 1 euro, plus-interest charged for
                                                                             late payment as from 1 May 1999;
Trade mark                    Word mark ‘EUROCOOL’ —                    — order the defendant to pay all the costs.
                              application no. 285536
Goods or services             Goods and services in classes 39          Pleas in law and main arguments
                              and 42 (including storage and
                              transport of goods, especially
                                                                        The applicant is an official in the French Translation Division
                              refrigerated and deep frozen
                                                                        of the Language Service of the Council. He contests the
                              goods; setting up logistical sys-
                                                                        appointment of a former member of staff in the Schengen
                              tems for the transport and storage
                                                                        Secretariat to an LA 5 post in the division to which he is
                              of such goods)
                                                                        assigned. That decision of appointment includes an implied
                                                                        decision not to appoint the applicant to such a post and
Decision         contested    Refusal to register by the Exam-          constitutes an individual measure implementing Decision
before the Board of           iner                                      1999/307/EC. In his application, the applicant pleads the
Appeal                                                                  illegality of that decision and of the individual decisions taken
                                                                        by the Council.
Pleas in law relied on        — Infringement of Article 7(1)(b)
                                  of Regulation No 40/94
                                                                        In support of his claim for the annulment of Decision
                              — Infringement of Article 7(1)(c)         1999/307, the applicant pleads:
                                  of Regulation No 40/94
                                                                        — infringement of Article 7 of the Protocol integrating the
                                                                             Schengen acquis into the framework of the European
                                                                             Union;