CELEX: C2002/233/53
Language: en
Date: 2002-09-28 00:00:00
Title: Case T-219/02: Action brought on 23 July 2002 by Olga Lutz Herrera against the Commission of the European Communities

C 233/30               EN                       Official Journal of the European Communities                                      28.9.2002
Grounds of claim:              —      The trademark applied for            Pleas in law and main arguments
                                      satisfies   the      minimum
                                      requirements for a distinc-
                                      tive character (Article 7(1)(b)      In the present action, the applicant seeks the annulment of the
                                      of Regulation (EC) No 40/            jury’s decision of 31 July 2001 in competition COM/A/6/01
                                      94 (1)).                             in so far as the applicant was thereby refused admission to that
                                                                           competition on the ground that she exceeded the age limit set
                               —      The contested decision is            in the notice of competition.
                                      contrary to jurisprudence of
                                      the Court.
                                                                           In support of her claim, the applicant alleges:
( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-            —     that the Commission made a manifest error of assessment
     munity trade mark (OJ L 11, p. 1).                                          in that, in her appeal, the applicant was not seeking a
                                                                                 declaration that one of the conditions stipulated in the
                                                                                 notice of competition, namely the condition regarding
                                                                                 age, was illegal, but a declaration that the jury’s decision
                                                                                 refusing her admission to the competition was illegal;
                                                                           —     infringement of the principle of equality, enshrined
                                                                                 in Article 13 of the EC Treaty, which prohibits all
                                                                                 discrimination based on age;
Action brought on 23 July 2002 by Olga Lutz Herrera                        —     infringement of Article 6 of the Charter of Fundamental
   against the Commission of the European Communities                            Rights of the European Union and Article 14 of the
                                                                                 European Convention on Human Rights.
                         (Case T-219/02)
                         (2002/C 233/53)
                   (Language of the case: Spanish)                         Action brought on 23 July 2002 by Heron Robotunits
                                                                           GmbH against the Office for Harmonisation in the
                                                                                     Internal Market (Trade Marks and Designs)
An action against the Commission of the European Communi-                                           (Case T-222/02)
ties was brought before the Court of First Instance of the
European Communities on 23 July 2002 by Olga Lutz Herrera,                                          (2002/C 233/54)
residing in Brussels, represented by D. Ramón Garcia-Gallardo,
Gil Fournier and D. Javier Guillén Carra, lawyers.
                                                                                              (Language of the case: German)
The applicant claims that the Court should:
                                                                           An action against the Office for Harmonisation in the Internal
—     annul the Commission’s decision refusing the applicant’s             Market (Trade Marks and Designs) was brought before the
      application to take part in competition COM/A/6/01;                  Court of First Instance of the European Communities on
                                                                           23 July 2002 by Heron Robotunits GmbH, of Lustenau
—     overturn the dismissal of the administrative appeal against          (Austria), represented by M. Bergermann, Lawyer.
      the refusal of the applicant’s application to take part in
      the said competition;
                                                                           The applicant claims that the Court should:
—     order such other relief as the Court may think appropriate           —     annul the decision of the First Board of Appeal of the
      so that the Commission fulfils its obligations under                       Office for Harmonisation in the Internal Market (Trade
      Article 233 EC and, specifically, conducts a fresh examin-                 Marks and Designs) of 6 May 2002 (Ref: R 1095-2000-
      ation of appeal No 486/01;                                                 1);
—     order the defendant to pay the costs.                                —     order the defendant to pay the costs.