CELEX: C2003/304/61
Language: en
Date: 2003-12-13 00:00:00
Title: Case T-362/03: Action brought on 31 October 2003 by Antonio Milano against the Commission of the European Communities

13.12.2003             EN                          Official Journal of the European Union                                       C 304/33
The applicant claims that the Court should:                                on 31 October 2003 by Antonio Milano, represented and
                                                                           defended by Stefano Scarano.
—     alter the decision in Appeal R 236/2003-2, and annul it
      in part, namely in respect of the goods ‘cheese slices in
      large packs, not intended for the final consumer’;
                                                                           The applicant claims that the Court should:
—     order the defendant to pay the costs of the proceedings.
                                                                           —     annul the act of the European Commission — European
                                                                                 Communities Personnel Selection Office — communi-
                                                                                 cated by memorandum of 24 March 2003 and notified
Pleas in law and main arguments                                                  to the applicant on 31 March 2003, in which the selection
                                                                                 board decided that the applicant’s application was inad-
                                                                                 missible on the basis of the request for review made by
The trade mark applied         Three-dimensional mark in the
                                                                                 Mr Milano, annul the decision of 10 February 2003 of
for:                           form of a cheese box — Appli-
                                                                                 the Commission in which the selection board refused the
                               cation No 2 631 745.
                                                                                 applicant admission to the oral test in open competition
                                                                                 COM/A/4/02 ‘Administrators’, and annul the decision of
Goods or services con-         Goods in Class 29 (foodstuffs in                  17 July 2003 of the appointing authority in which the
cerned:                        sliced form, in particular slices of              complaint submitted by Mr Milano under Article 90(2)
                               cheese).                                          of the Staff Regulations and lodged at DG ADMIN on
                                                                                 24 April 2003 with number R/187/03 was rejected;
Decision         contested     Refusal of registration by the
before the Board of            examiner.
Appeal:                                                                    —     full compensation in damages for economic and moral
                                                                                 loss
Decision of the Board of       Appeal dismissed.
Appeal:
                                                                           —     recovery of costs
Grounds of action:             —     Article 7(1)(b) of Regulation
                                     (EC) No 40/94 has been
                                     infringed.
                               —     It is not to be denied that the
                                     mark has the distinctiveness
                                     necessary for registration.           Pleas and main arguments
                               —     A need to preserve avail-
                                     ability is not apparent.
                                                                           This action is brought against the decision of the selection
                                                                           board for open competition COM/A/4/02 ‘Administrators’,
                                                                           through qualifications and an oral test, with a view to
                                                                           constituting a reserve list for the recruitment of a head of
                                                                           representation in grade A3 in Rome, excluding the applicant
                                                                           from admission to the oral test in the above-mentioned
                                                                           competition.
Action brought on 31 October 2003 by Antonio Milano
  against the Commission of the European Communities
                                                                           In particular, the ground that the applicant does not have
                        (Case T-362/03)                                    thorough knowledge of Community institutions, programmes
                                                                           and policies is contested.
                        (2003/C 304/61)
                   (Language of the case: Italian)                         In support of his arguments, the applicant claims that this
                                                                           ground is unfounded, unjustified, illogical and inconsistent.
An action against the European Commission was brought
before the Court of First Instance of the European Communities