CELEX: C2002/169/74
Language: en
Date: 2002-07-13 00:00:00
Title: Case T-144/02: Action brought on 7 May 2002 by Richard J. Eagle, John G. Fanthome, Martin Gardener, Robert C. Walton, David Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren, Robert Felton, Carol Brickley, TF Atkins, Michael George Grant and Edward Junger against the Commission of the European Communities

C 169/42              EN                      Official Journal of the European Communities                                     13.7.2002
Pleas in law and main arguments                                          The applicant claims that the Court should:
                                                                         —     annul the Commission’s decision dated 22 January 2001;
Applicant for the Com-       The applicant
munity trade mark:
                                                                         —     order the Commission to compensate the applicants for
                                                                               their loss of earnings and other benefits caused by the
The Community trade          Verbal mark ‘BIO-CANISAN’ —
                                                                               breaches of Community law;
mark concerned:              Application No 353 896, relating
                             to goods in classes 5 and 31
                             (veterinary preparations and food-          —     order the Commission to pay the applicants’ costs.
                             stuffs for animals)
Proprietor of the right to   VETO-Centre                                 Pleas in law and main arguments
the trade mark or sign
asserted by way of oppo-
sition in the opposition                                                 The applicants all worked in the JET Project as employees or
proceedings:                                                             contractors to UK registered companies. According to the
                                                                         applicants, however, they should have been recruited by the
Trade mark or sign           French trade marks No 1582968               Commission as temporary agents since they were part of the
asserted by way of oppo-     ‘biocanina ’(word and device),              JET Project Team.
sition in the opposition     relating to goods in classes 5 and
proceedings:                 31, and No 1350892 ‘BIOCANI-
                             NA’), relating to goods in class 5          The applicants claim that the failure of the Commission to
                                                                         recruit the applicants as temporary agents was contrary the
Decision of the Oppo-        Refusal of the application                  JET statutes and constitutes an act ultra vires. According to the
sition Division:                                                         applicants, the JET statutes did not provide for the possibility
                                                                         of engaging staff who were working in the JET Project Team
Decision of the Board of     Dismissal of the appeal                     through external contractors.
Appeal:
Grounds of claim:            Infringement of Article 43(2),              Furthermore, the applicants claim that the Commission dis-
                             third sentence, and Article 8(1)(b)         criminated against them since this resulted in the applicants
                             of Regulation (EC) No 40/94.                being treated in a less favourable manner then those employed
                                                                         by the Commission who were fulfilling substantially similar
                                                                         roles in the JET Project.
Action brought on 7 May 2002 by Richard J. Eagle, John
G. Fanthome, Martin Gardener, Robert C. Walton, David                    Action brought on 15 May 2002 by Sunrider Corporation
Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren,                against the Office for Harmonisation in the Internal
Robert Felton, Carol Brickley, TF Atkins, Michael George                               Market (Trade Marks and Designs)
Grant and Edward Junger against the Commission of the
                   European Communities                                                           (Case T-156/02)
                        (Case T-144/02)                                                           (2002/C 169/75)
                        (2002/C 169/74)                                  (Language of the case to be determined pursuant to Article 131(2)
                                                                         of the Rules of Procedure — language in which the application was
                                                                                                 submitted: German)
                  (Language of the case: English)
                                                                         An action against the Office for Harmonisation in the Internal
An action against the Commission of the European Communi-                Market (Trade Marks and Designs) was brought before the
ties was brought before the Court of First Instance of the               Court of First Instance of the European Communities on
European Communities on 7 May 2002 by Richard J. Eagle,                  15 May 2002 by Sunrider Corporation, Torrance (USA),
John G. Fanthome, Martin Gardener, Robert C. Walton, David               represented by A. Kockläuner, lawyer.
Sands, Alexander Gaberscik, Beryl Marrs, Clifford Marren,
Robert Felton, Carol Brickley, TF Atkins, Michael George Grant
and Edward Junger, represented by Mr Daniel Beard of                     Frieslands Brands B.V., Leeuwarden (the Netherlands) was an
Monckton Chambers, London (United Kingdom).                              additional party to the proceedings before the Board of Appeal.