CELEX: C2003/213/77
Language: en
Date: 2003-09-06 00:00:00
Title: Case T-249/03: Action brought on 2 July 2003 by "Y" against Commission of the European Communities

6.9.2003              EN                          Official Journal of the European Union                                        C 213/39
Action brought on 24 June 2003 by Miguel Torres,                          Decision of the Board of      Dismissal of the appeal
S.A. against the Office for Harmonisation in the Internal                 Appeal:
                        Market (OHIM)
                                                                          Pleas in law:                 Infringement of the rights of the
                                                                                                        defence and incorrect application
                        (Case T-247/03)                                                                 of Article 8(1)(b) of (EC) Regu-
                                                                                                        lation No. 40/94 (risk of con-
                                                                                                        fusion)
                        (2003/C 213/76)
                  (Language of the case: Spanish)
An action against the Office for Harmonisation in the Internal            Action brought on 2 July 2003 by ‘Y’ against Commission
Market (OHIM) was brought before the Court of First Instance                               of the European Communities
of the European Communities on 24 June 2003 by Miguel
Torres S.A., with offices in Vilafranca del Penedès (Barcelona),
represented by E. Armijo Chávarri, M.Á. Baz de San Ceferino                                        (Case T-249/03)
and A. Castán Pérez-Gómez.
                                                                                                   (2003/C 213/77)
The applicant claims that the Court should:
                                                                                             (Language of the case: French)
—     annul the decision of the First Board of Appeal of OHIM
      of 7 April 2003 handed down in matter R 0998/2001-1;
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 2 July 2003 by ‘Y’, represented by
Pleas in law and main arguments                                           Spyridoula Papanikolaou, lawyer.
Applicant for Com-            Bodegas Muga, S.A.                          The applicant claims that the Court should:
munity trade mark:
                                                                          —     annul the decision of 18 June 2003 of the Director
Community trade mark          Figurative mark ‘Torre Muga’                      General of RELEX terminating the applicant’s assignment
sought:                       Application no. 791.004 sought                    to a post in the Commission’s Delegation abroad;
                              for products in class 33(acholic
                              beverages, except beers)                    —     order the defendant to pay the costs.
Proprietor of mark or         The applicant
sign cited in the oppo-
sition proceedings:
                                                                          Pleas in law and main arguments
Mark or sign cited in         International       trade       mark
opposition:                   no. 252.675, Danish trade mark
                                                                          In support of his action, the applicant alleges a number of
                              no. VR 03.741.1991, German
                                                                          infringements of Articles 7 and 25 of the Staff Regulations, of
                              trade mark no. 2.901.360, Span-
                                                                          the rule in the Administrative Guide for the use of the external
                              ish trade marks nos 130.955,
                                                                          service of DG RELEX, which provides that the duration of an
                              321.331 and 130.956 and
                                                                          assignment to a post is to be four years, and of the principle
                              English          trade         marks
                                                                          of legitimate expectations. He also alleges abuse and misuse of
                              nos 1.039.853 and 1.298.955
                                                                          power and infringements of the Community disciplinary rules
                              TORRES, for products in class 33
                                                                          and of the principle of proportionality.
Decision of the Oppo-         Rejection of the opposition
sition Division: