CELEX: C2001/317/55
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-182/01: Action brought on 3 August 2001 by Sophie Bachotet against the Commission of the European Communities

C 317/28                EN                     Official Journal of the European Communities                                     10.11.2001
In this case the applicant is bringing an action for failure to act       Pleas in law and main arguments
and annulment.
                                                                          The applicant in the present case objects to her non-inclusion
In support of its claims, the applicant asserts:                          on the list of successful candidates drawn up in the context of
                                                                          the Notice of a selection process for temporary members of
—     infringement of Articles 4(b), 86 and 88 of the ECSC                staff COM/R/A/01/1999 for the management of Research and
      Treaty. It is alleged in this respect that the imposition on        Technological Development programmes.
      ECSC undertakings of charges which, in the case of
      Charbonnages de France, will be directly or indirectly
      financed, whereas the applicant, a private company, will
      have to meet them in the absence of any commercial                  In support of her claims the applicant alleges:
      production, constitutes discrimination contrary to the
      ECSC Treaty;                                                        —     The infringement of the duty to state reasons and the
                                                                                principle of openness;
—     infringement of essential procedural requirements by
      failure to state reasons;                                           —     The infringement of the Selection Process Notice and the
                                                                                rules governing the composition of a selection board;
—     lack of competence, since it does not appear from the
      letter of 10 July 2001 that the decision which it contains
      was formally taken by the Commission and that its                   —     The infringement of the principles of sound adminis-
      signatory was authorised to sign it;                                      tration and equal treatment, in that the identity and the
                                                                                professional and administrative situation of the members
                                                                                of the Selection Committee were disclosed only to certain
—     breach of the principle of sound administration.                          candidates.
(1) Sacilor Lorminesv Commission (not yet published in the Official
    Journal).
                                                                          Action brought on 27 July 2001 by Alza Corporation
                                                                          against the Office for Harmonization in the Internal
                                                                                                        Market
Action brought on 3 August 2001 by Sophie Bachotet
  against the Commission of the European Communities
                                                                                                   (Case T-183/01)
                          (Case T-182/01)
                                                                                                   (2001/C 317/56)
                          (2001/C 317/55)
                                                                                             (Language of the case: English)
                    (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the Office for Harmonization in the Internal
ties was brought before the Court of First Instance of the                Market was brought before the Court of First Instance of the
European Communities on 3 August 2001 by Sophie Bachotet,                 European Communities on 27 July 2001 by Alza Corporation,
resident in Brussels, represented by Jean-Noël Louis and                  represented by Michael Edenborough, Hogarth Chambers,
Véronique Peere, lawyers, with an address for service in                  London (UK).
Luxembourg.
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                          —     annul the decisions of the Board of Appeal and the
—     annul the decision of the Selection Committee COM/                        Opposition Division in so far as they concern the
      R/A/01/1999 to award the applicant a mark that was not                    application for registration of the applicant’s mark for the
      sufficient to allow her to be included on the reserve list;               goods in Class 5; and as a consequence, order that the
                                                                                Office should allow the applicant’s mark to proceed to
—     order the defendent to pay the costs.                                     registration for the goods in Class 5;