CELEX: C2002/144/114
Language: en
Date: 2002-06-15 00:00:00
Title: Case T-116/02: Action brought on 16 April 2002 by Antonio Aresu against Commission of the European Communities

15.6.2002              EN                      Official Journal of the European Communities                                    C 144/59
Mark or sign right cited      The German national figurative              but was mislaid within the Commission’s services. The appli-
in opposition:                marks ‘a’ for goods in Class 25             cant was thus unable properly to discharge his financial
                              (inter alia, clothing)                      obligations and was required to pay a penalty. As the
                                                                          administrative fault on the Commission’s part is proved, the
Decision of Opposition        Refusal of application for regis-           applicant is entitled to compensation for the pecuniary and
Division:                     tration of mark                             non-pecuniary harm sustained.
Decision of Board of          Annulment of the decision of the
Appeal:                       Opposition Division with respect
                              to goods in Classes 9, 16, 35 and
                              41; affirmation of the decision
                              with respect to goods in Class 25
Pleas in law:                 —     No similarity with the rel-
                                    evant goods in Class 25
                                                                          Action brought on 11 April 2002 by San Paolo S.r.l.
                              —     Significant difference from             against the Commission of the European Communities
                                    the figurative marks
                                                                                                   (Case T-121/02)
                                                                                                  (2002/C 144/115)
Action brought on 16 April 2002 by Antonio Aresu                                             (Language of the case: Italian)
    against Commission of the European Communities
                         (Case T-116/02)
                                                                          An action against the Commission of the European Communi-
                        (2002/C 144/114)                                  ties was brought before the Court of First Instance of the
                                                                          European Communities on 11 April 2002 by San Paolo S.r.l.,
                                                                          represented by Professor Franco Gallo, Gabriele Escalar and
                  (Language of the case: French)
                                                                          Professor Adriano Rossi, Lawyers.
An action against the Commission of the European Communi-                 The applicant claims that the Court should:
ties was brought before the Court of First Instance of the
European Communities on 16 April 2002 by Antonio Aresu,                   —     annul the decision of the Commission of the European
residing in Brussels, represented by Sergio Diana, avocat.                      Communities of 11 December 2001 no C54/A/2000/EC,
                                                                                unpublished, declaring incompatible with the internal
The applicant claims that the Court should:                                     market the system of State aid laid down by Italian
                                                                                legislation in the form of tax advantages for banks and
                                                                                banking institutions;
—     order the Commission to make reparation for the pecuni-
      ary and non-pecuniary harm sustained by the applicant,
      amounting to EUR 353;                                               —     order the Commission to pay the costs of the proceedings
                                                                                and all consequential costs.
—     order the Commission to pay the costs.
Pleas in law and main arguments                                           Pleas in law and main arguments
The applicant is an official of the Commission and at the                 The main arguments are similar to those put forward in Case
material time was on temporary secondment to the Court of                 T-36/02 ABI v Commission (1).
Justice.
In support of his claim for damages, the applicant alleges that           (1) OJ C 97 of 20.4.2002, p. 14.
the Commission’s mail service received a letter from an Italian
professional body addressed to the applicant and containing a
demand for payment. The letter did not reach the applicant