CELEX: C2003/055/87
Language: en
Date: 2003-03-08 00:00:00
Title: Case T-394/02: Action brought on 27 December 2002 by Arnaldo Lucaccioni against Commission of the European Communities

C 55/34                  EN                           Official Journal of the European Union                                         8.3.2003
Finally, the applicant alleges breach of the fundamental                      Pleas in law and main arguments
principles of legal certainty, sound administration and good
faith. The applicant makes the point that it has, on numerous
occasions, approached the Commission without ever obtaining                   Trade mark for which         A three-dimensional mark in the
any indication which would have enabled it to provide results                 Community registration       form of a bottle standing on its
likely to be acceptable in the eyes of the Commission and the                 sought:                      head in the colours transparent
Council.                                                                                                   and white — Application
                                                                                                           No 1162395
( 1) Council Regulation (EC) No 1756/2002 of 23 September 2002                Goods or services:           Goods of Classes 3 and 20 (includ-
     amending Directive 70/524/EEC concerning additives in feeding-                                        ing soaps, washing and bleaching
     stuffs as regards withdrawal of the authorisation of an additive                                      preparations, cleaning and pol-
     and amending Commission Regulation (EC) No 2430/1999 (Text                                            ishing preparations and artificial
     with EEA relevance) (OJ 2002 L 265, p. 1).                                                            containers for liquid, gel-like and
( 2) Council Directive 70/524/EEC of 23 November 1970 concerning
                                                                                                           pasty preparations)
     additives in feeding-stuffs (OJ, English Special Edition 1970 (III),
     p. 840).
( 3) Commission Regulation (EC) No 2430/1999 of 16 November                   Decision       challenged    Refusal of registration by the
     1999 linking the authorisation of certain additives belonging to         before the Board of          examiner
     the group of coccidiostats and other medicinal substances in             Appeal:
     feedingstuffs to persons responsible for putting them into circu-
     lation (Text with EEA relevance) OJ 1999 L 296, p. 3.
                                                                              Decision of the Board of     Dismissal of the complaint
                                                                              Appeal:
                                                                              Pleas in law:                —     The mark is distinguished by
                                                                                                                 a number of special features
                                                                                                                 and has distinctive force.
                                                                                                           —     The Board of Appeal disre-
                                                                                                                 garded the characteristic
Action brought on 27 December 2002 by Henkel KGaA                                                                geometry of the mark.
against the Office for Harmonisation in the Internal
                Market (Trade Marks and Designs)                                                           —     The mark has acquired pro-
                                                                                                                 tection in several Member
                                                                                                                 States.
                           (Case T-393/02)
                            (2003/C 55/86)
                     (Language of the case: German)
                                                                              Action brought on 27 December 2002 by Arnaldo Lucac-
                                                                               cioni against Commission of the European Communities
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on                                                (Case T-394/02)
27 December 2002 by Henkel KGaA, Düsseldorf (Germany),
represented by C. Osterrieth, Rechtsanwalt, with an address
                                                                                                       (2003/C 55/87)
for service in Luxembourg.
                                                                                                (Language of the case: French)
The applicant claims that the Court should:
—       set aside the decision of the Fourth Board of Appeal of
        the Office for Harmonisation in the Internal Market of
                                                                              An action against the Commission of the European Communi-
        3 October 2002 in Case R 313/2001-4, concerning
                                                                              ties was brought before the Court of First Instance of the
        Community trade mark registration application
                                                                              European Communities on 27 December 2002 by Arnaldo
        No 1162395;
                                                                              Lucaccioni, residing in St-Leonards-on-Sea (United Kingdom),
                                                                              represented by Juan Ramón Iturriagagoitia and Karine Delvol-
—       order the Office to pay the costs.                                    vé, lawyers.
 ---pagebreak--- 8.3.2003              EN                          Official Journal of the European Union                                            C 55/35
The applicant claims that the Court should:                               The applicant also alleges failure to have regard for the welfare
                                                                          of officials and misuse of powers. The Commission has created
—     annul the decision of the Commission of the European                a situation allowing it to avoid all contact with Dr Cognigni
                                                                          who, for his part, can only pursue the applicant.
      Communities adopted on 7 September 2002 concerning
      complaint R/272/02 lodged by the applicant on 21 May
      2002;
—     order payment in their entirety of: the fees charged by Dr
      Cognigni for his work in the context of the Medical and
      Invalidity Committees concerning the applicant, together
      with reimbursement of the amounts withheld from the
      applicant’s pension; default interest on all those amounts;         Action brought on 27 December 2002 by Eva Vega
      and the costs of the proceedings, including lawyers’,               Rodríguez against the Commission of the European
      translation and process servers’ fees;                                                         Communities
—     compensate the applicant for the non-material damage                                         (Case T-395/02)
      suffered;
                                                                                                    (2003/C 55/88)
—     order the defendant to pay the costs.
                                                                                             (Language of the case: French)
Pleas in law and main arguments
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
The applicant, a former official of the Commission who                    European Communities on 27 December 2002 by Eva Vega
worked in the Berlaymont building, was retired on the                     Rodríguez, residing in Brussels, represented by J.R. Iturriagago-
ground of invalidity in 1991. The applicant’s condition was               itia and K. Delvolvé, avocats
subsequently acknowledged to be an occupational disease. The
applicant appointed Dr Cognigni to sit on the Medical and
Invalidity Committees.                                                    The applicant claims that the Court should:
                                                                          Primarily
The Commission failed to pay Dr Cognigni’s fees. The applicant
then brought Case T-75/98 seeking payment of the fees. That               —     annul the decision of the Commission of the European
case was removed from the register after an out-of-court                        Communities adopted on 27 September 2002 in respect
settlement fixing an amount to be paid to the applicant by                      of Claim No R/297/02 brought by the applicant on
way of additional payment in respect of the work done by the                    5 June 2002;
Invalidity Committee and of the costs incurred in bringing
proceedings before national courts. Contrary to expectation,              —     order the respondent to pay the costs;
Dr Cognigni insisted that the whole of his fees be reimbursed.
He therefore again brought proceedings against the applicant
before the Italian courts. Following a judgment delivered by an           In the alternative
Italian court, Dr Cognigni sought enforcement of the judgment
by way of attachment of the applicant’s pension. The applicant            —     annul the Commission’s decision of 25 June 2002;
is challenging the decision adopted by the Commission
authorising the attachment.                                               —     order the payment of compensation for the damages
                                                                                sustained in the sum of EUR 72 292,36 together with
                                                                                interest until the date of payment at the legal rate;
The applicant would point out that in accordance with the
rules relating to fees incurred in the context of medical and             —     order the respondent to pay the costs.
invalidity committees, the costs are entirely covered by the
Commission.
                                                                          Pleas in law and main arguments
In support of his claims, the applicant alleges breach of the
principle of proportionality and the spurious and vexatious
nature of the attachment ordered by the Commission. Accord-               By the present action, the applicant objects to her exclusion,
ing to the applicant, the Commission ought to have taken                  at the pre-selection stage, from the tests for open competition
account of the fact that the judgment was still open to appeal.           COM/A/10/01.