CELEX: C2002/044/39
Language: en
Date: 2002-02-16 00:00:00
Title: Case T-293/01: Action brought on 3 December 2001 by Donatella Ineichen against Commission of the European Communities

16.2.2002             EN                     Official Journal of the European Communities                                          C 44/21
Pleas in law and main arguments                                         The applicant claims that the Court should:
Applicant for the Com-       The applicant                              —      annul the decision of 29 January 2001 of the Head of
munity trade mark:                                                             Unit ADMIN B 3 fixing her place of recruitment at
                                                                               Brussels and refusing to grant her the daily subsistence
The Community trade          Word mark ‘BASS’ — application                    allowance;
mark concerned:              No 161331, registration sought
                             in respect of goods in Class 25            —      annul the implied rejection of the applicant’s complaint
                             (footwear and clothing)                           of 27 April 2001 against the original contested decision;
Proprietor of the right to   Pash Textilvertrieb und Einzelhan-         —      order the Commission to pay to the applicant the
the trade mark or sign       del GmbH                                          amounts to which she is entitled as a result of having
asserted by way of oppo-                                                       Rome as her place of recruitment, as set out in the
sition in the opposition                                                       grounds, and in particular the daily subsistence allowance,
proceedings:                                                                   with default interest at 7 % per annum, as from the date
                                                                               on which those amounts fell due until payment is made
Trade mark or sign           German mark registered under                      in full;
asserted by way of oppo-     the name ‘PASH’, registered in
sition in the opposition     order to distinguish various               —      order the Commission to pay the costs.
proceedings:                 articles in international classes 18
                             and 25
Decision of the Oppo-        Opposition dismissed                       Pleas in law and main arguments
sition Division:
Decision of the Board of     Annulment of the decision of the           The applicant was seconded to the Commission in Brussels for
Appeal:                      Opposition Division                        three years before being engaged as a member of the auxiliary
                                                                        staff. For that purpose, the applicant’s place of recruitment was
Grounds of claim:            —     Inconsistency between the            set as Rome. The applicant was subsequently engaged as a
                                   form of order sought and             member of the temporary staff for an indeterminate period,
                                   the order made, since the            with Brussels as the place of recruitment. That decision is
                                   opposition was not brought           contested by the applicant.
                                   against the ‘shoes’ men-
                                   tioned in Class 25                   In support of her application, the applicant pleads an error in
                                                                        law as regards the concept of ‘residence’ and a manifest error
                             —     Coexistence of the marks
                                                                        of assessment. According to the applicant, her residence in
                                   ‘BASS’ and ‘PASH’ on the
                                                                        Brussels was provisional during the entire period of her
                                   German market
                                                                        engagement with the Commission in Brussels. In her sub-
                             —     Misapplication       of    Ar-       mission, the facts demonstrate that her habitual residence
                                   ticle 8(1)(b) of Regulation          remained Rome. Moreover, the applicant claims that the
                                   (EC) No 40/94 (likelihood of         Commission illegally withdrew a decision giving rise to
                                   confusion).                          entitlement. Initially, the place of recruitment of the applicant
                                                                        was Rome when she took up her duties as a member of
                                                                        the temporary staff. That decision was withdrawn by the
                                                                        subsequent contested decision not to grant the applicant
                                                                        entitlement to the daily subsistence allowance.
Action brought on 3 December 2001 by Donatella Ineich-
   en against Commission of the European Communities
                        (Case T-293/01)                                 Action brought on 3 December 2001 by Lucı́a Aparicio
                                                                        Chofré against Commission of the European Communities
                         (2002/C 44/39)
                                                                                                 (Case T-294/01)
                  (Language of the case: French)
                                                                                                  (2002/C 44/40)
                                                                                           (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 3 December 2001 by Donatella
Ineichen, residing in Brussels, represented by Marc-Albert              An action against the Commission of the European Communi-
Lucas, lawyer.                                                          ties was brought before the Court of First Instance of the