CELEX: C2000/176/51
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-106/00: Action brought on 27 April 2000 by Streamserve North America Inc., against the Office for Harmonisation in the Internal Market

24.6.2000              EN                     Official Journal of the European Communities                                       C 176/29
Pleas in law and main arguments                                          Pleas in law and main arguments
The present action is directed against the Commission’s
decision refusing payment to the applicant of the daily                  Trade Mark concerned:         ‘STREAMSERVE’ — Application
subsistence allowance and of the second part of an installation                                        No 198398.
allowance for his daughter upon his being transferred to
Brussels.                                                                Product or service:           Computer software and hardware
                                                                                                       (class numbers 9 and 16 of the
The applicant states in that regard that, having previously been                                       Nice classification).
transferred to Luxembourg, he was then required, in the
context of a new posting, once again to transfer his residence           Contested        Decision     Refusal of registration by the
and place of work to Brussels.                                           before the Board of           Examiner.
                                                                         Appeal:
In support of his claims, he argues that he is in his view
entitled to request that he be paid the daily subsistence                Pleas in law relied on:       — Infringement of Article 7
allowance and an installation allowance, to which any unmar-                                               (1)(b) and (c) of Regulation No
ried official with an officially recognised dependent child is                                             40/94.
automatically entitled. As regards the installation allowance,
this is intended to compensate for the expenses and difficulties                                       — Breach of the principle of non-
occasioned by the need to move house and settle in to a new                                                discrimination.
residence.
Action brought on 27 April 2000 by Streamserve North
America Inc., against the Office for Harmonisation in the
                         Internal Market
                                                                         Action brought on 27 April 2000 by Santiago Gómez-
                         (Case T-106/00)                                 Reino against the Commission of the European Communi-
                                                                                                        ties
                         (2000/C 176/51)
                                                                                                 (Case T-108/00)
                   (Language of the case: English)
                                                                                                 (2000/C 176/52)
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 27 April 2000 by Streamserve
North America Inc., represented by Magnus Nedstrand and Ulf                                 (Language of the case: French)
Willquist of the Swedish Bar.
The applicant claims that the Court should:                              An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
— annul the contested decision in so far as the Court finds              European Communities on 27 April 2000 by Santiago Gómez-
    that the trade mark STREAMSERVE does not satisfy the                 Reino, residing in Brussels, represented by Jean-Louis Dupont,
    conditions laid down in Article 7(1)(b) and (c) of Council           of the Brussels Bar, and Marc-Albert Lucas and Michel
    Regulation (EC) No 40/94 of 20 December 1993 on the                  Franchimont, of the Liège Bar.
    Community Trade Mark and remit the case back to the
    Examiner;
                                                                         The applicant claims that the Court should:
— in the alternative, annul the contested decision in so far as
    it constitutes a sufficiently apparent breach of the principle
    of non-discrimination and remit the case back to the                 — annul or declare illegal and/or defective the decisions,
    Examiner;                                                                failures to adopt measures required under the Staff Regu-
                                                                             lations or straightforward measures forming the subject-
— order the defendant to pay the applicant’s costs.                          matter of the proceedings;