CELEX: C2004/071/68
Language: en
Date: 2004-03-20 00:00:00
Title: Case T-20/04: Action brought on 20 January 2004 by María Pilar Aguar Fernández and 126 others against Commission of the European Communities

20.3.2004               EN                          Official Journal of the European Union                                            C 71/39
Grounds of claim:               —    The mark ‘PAPERLAB’ is                 2)    order the Commission to pay the costs.
                                     registrable in Class 9 because
                                     it does not directly describe
                                     the goods in any manner;
                                —    The trade mark ‘PAPERLAB’              Pleas in law and main arguments
                                     can serve as a mark in trade
                                     to distinguish goods of the
                                     applicant from goods of
                                     other traders;                         The applicants in the present case, all officials and servants
                                                                            posted to the Food and Veterinary Office, Dublin, contest the
                                —    The Office for Harmonis-               pay slips and the back pay slips concerning them for the
                                     ation in the Internal Market           period since 1 July 2002.
                                     has accepted several similar
                                     trademarks.
                                                                            In support of their application, the applicants put forward a
                                                                            single plea in law challenging the validity of the weighting
(1) Decision of the First Board of Appeal of the Office for Harmonis-       fixed for Ireland by Council Regulation (EC, Euratom)
    ation in the Internal Market (Trade Marks and Designs) of               No 2265/2002 of 16 December 2002 (1) inasmuch as, contrary
    17 November 2003 (Case R 842/2002-1).
                                                                            to Article 64 of the Staff Regulations which lays down
                                                                            the principle of equal purchasing power between officials
                                                                            irrespective of their place of work does, that weighting does
                                                                            not offset the difference between the actual cost of living at
                                                                            their place of work and that in Brussels. Specifically, they state
                                                                            that setting the weighting at 124,8 does not meet such a
                                                                            requirement.
                                                                            (1) OJ 2002 L 347, p. 1.
Action brought on 20 January 2004 by María Pilar Aguar
Fernández and 126 others against Commission of the
                     European Communities
                           (Case T-20/04)
                           (2004/C 71/68)
                                                                            Action brought on 21 January 2004 by Fusion Electronics
                   (Language of the case: Spanish)                          Limited against the Office for Harmonisation in the
                                                                                Internal Market (Trade Marks and Designs) (OHIM)
                                                                                                      (Case T-21/04)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 January 2004 by María Pilar                                                (2004/C 71/69)
Aguar Fernández and 126 others, all residing in Ireland,
represented by Sébastien Orlandi, Albert Coolen, Jean-Noël
Louis and Etienne Marchal, lawyers, with an address for service             (Language of the case: to be determined pursuant to article 131(2)
in Luxembourg.                                                              of the Rules of Procedure — language in which the case was
                                                                                                     submitted: English)
The applicant claims that the Court should:
1)    annul the decisions of the Commission establishing the                An action against the Office for Harmonisation in the Internal
      pay slips and the back pay slips in respect of the applicants         Market (Trade Marks and Designs) (OHIM) was brought before
      since 1 July 2002 pursuant to Council Regulation (EC,                 the Court of First Instance of the European Communities on
      Euratom) No 2265/2002 of 16 December 2002 adjusting                   21 January 2004 by Fusion Electronics Limited, Auckland,
      with effect from 1 July 2002 the remuneration and                     New Zealand, represented by Mr A. Roughton Barrister. Ford
      pensions of officials and other servants of the European              Motor Company was also a party to the proceedings before
      Communities and the weightings applied thereto;                       the Board of Appeal.