CELEX: C2003/101/87
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-61/03: Action brought on 18 February 2003 by Irwin Industrial Tool Company against the Office for Harmonization in the Internal Market

C 101/50               EN                          Official Journal of the European Union                                         26.4.2003
Action brought on 20 February 2003 by Regione Siciliana                    a change in the intended use of the construction, that reason
  against the Commission of the European Communities                       not being included in Article 24 and inapplicable in any event
                                                                           on the facts of the present case.
                          (Case T-60/03)                                   —     The applicant also alleges that the Commission abused its
                                                                                 powers by distorting the facts in that the contested
                                                                                 decision cancelled the Community contribution without
                         (2003/C 101/86)                                         a proper legal basis and in the absence of factual
                                                                                 circumstances such as might warrant cancellation.
                   (Language of the case: Italian)                         —     The applicant also alleges that the Commission gave an
                                                                                 insufficient statement of reasons on a decisive point in as
                                                                                 much as it found irregularities and problems in the
                                                                                 financial management of the project which, however,
                                                                                 have no relevance to the cancellation of the Community
An action against the Commission of the European Communi-                        contribution.
ties was brought before the Court of First Instance of the
European Communities on 20 February 2003 by Regione
Siciliana, represented by Giacomo Aiello (Avvocato dello                   (1 ) OJ L 193 of 31.7.1993, p. 20.
Stato).
The applicant claims that the Court should:
—     annul the Commission’s decision of 11 December 2002
      (C(2002)4905) concerning the cancellation of the contri-
      bution of the European Regional Development Fund                     Action brought on 18 February 2003 by Irwin Industrial
      (ERDF) towards an infrastructure investment of no less               Tool Company against the Office for Harmonization in
      than ECU 15 million in Italy (region: Sicily) and the                                       the Internal Market
      recovery of the advance paid by the Commission as part
      of that contribution, and
                                                                                                     (Case T-61/03)
—     order the Commission to pay the costs.
                                                                                                    (2003/C 101/87)
                                                                                              (Language of the case: English)
Pleas in law and main arguments
                                                                           An action against the Office for Harmonization in the Internal
The present action is directed against the cancellation of the
European Regional Development Fund (ERDF) contribution of                  Market was brought before the Court of First Instance of the
LIT 94 940 620 056 towards the creation of a reservoir by                  European Communities on 18 February 2003 by Irwin
                                                                           Industrial Tool Company, Hoffman Estates, USA, represented
means of damming the Gibbesi River in order to ensure a
reliable water supply to the industrial centre proposed for the            by Mr Graham Farrington, Solicitor.
Commune of Licata and to improve irrigation to an area of
approximately one thousand hectares.
                                                                           The applicant claims that the Court should:
In support of its application, the applicant argues infringement           —     annul the Decision of the Defendant’s Third Board of
of Article 24 of Regulation (EEC) No 4253/88, as amended by                      Appeal of 20 November 2002; and
Council Regulation (EEC) No 2082/93 of 20 July 1993
amending Regulation (EEC) No 4253/88 laying down pro-                      —     order the Defendant to remit the application to its
visions for implementing Regulation (EEC) No 2052/88 as                          Examination Division for re-examination of Community
regards coordination of the activities of the different Structural               Trade Mark number 1760867 and/or order the Defendant
Funds between themselves and with the operations of the                          to remit the application to its Board of Appeal to consider
European Investment Bank and the other existing financial                        the appeal under the provisions of Article 7(1)(b) of
instruments ( 1) in that the Commission’s decision to cancel the                 Community Trade Mark Regulation EC No 40/94 which
contribution was based on the assumption that there had been                     it declined to do on the original appeal.
 ---pagebreak--- 26.4.2003              EN                         Official Journal of the European Union                                           C 101/51
Pleas in law and main arguments                                           —     annul the implied rejection of the applicant’s complaint
                                                                                of 16 July 2002;
Trade mark concerned:          QUICK-GRIP.        —    Application
                               No 1760867.                                —     order the Commission to pay the costs even in the event
                                                                                that the present application is dismissed.
Product or service:            ‘Hand tools, clamps, c-clamps, bar
                               clamps, hold-down clamps, weld-
                               ing clamps, chain clamps, locking
                               bar clamps, locking hold-down
                               clamps, locking pipe clamps, pipe          Pleas in law and main arguments
                               clamps, part and fittings for the
                               aforesaid goods’ in International
                               Class 8.                                   In support of his arguments, the applicant alleges, first, lack of
                                                                          a statement of reasons. The applicant claims furthermore that
Decision        challenged     Refusal of registration.                   the assessment of the comparative merits of the officials
before the Board of                                                       eligible for promotion was incorrect and that it was not carried
Appeal:                                                                   out in relation to all the officials eligible for promotion.
Pleas in Law relied on:        Incorrect       application       of
                               Article 7(1)(b) and (c) of the Regu-
                               lation No 40/94.
                                                                          Action brought on 25 February 2003 by Fondation Alsace
                                                                              against Commission of the European Communities
Action brought on 24 February 2003 by Georges Vassila-                                              (Case T-65/03)
  kis against Commission of the European Communities
                                                                                                   (2003/C 101/89)
                          (Case T-62/03)
                                                                                             (Language of the case: French)
                         (2003/C 101/88)
                   (Language of the case: French)
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 25 February 2003 by Fondation
                                                                          Alsace, whose registered office is at Strasbourg (France),
An action against the Commission of the European Communi-                 represented by François Ruhlmann, lawyer.
ties was brought before the Court of First Instance of the
European Communities on 24 February 2003 by Georges
Vassilakis, residing in Brussels, represented by Georgy Manalis,
                                                                          The applicant claims that the Court should:
lawyer.
                                                                          —     annul the decision of the Commission of 20 December
The applicant claims that the Court should:                                     2002 or, in the alternative, the preceding decision related
                                                                                to it;
—     annul the decision of the Commission of the European
      Communities, as the appointing authority, not to include            —     order the Commission to pay the Association Fondation
      the applicant’s name in the list of officials promoted to                 Alsace EUR 3 000 by way of preparation allowance and
      Grade A 5 in the 2002 exercise to promote officials from                  costs of proceedings;
      one career to the next, as mentioned in Administrative
      Information No 40-2002 of 17 May 2002;                              —     order the European Commission to pay all the costs of
                                                                                the proceedings.
—     annul the list of officials promoted to A 5 in the 2002
      exercise to promote officials from one career to the next,                Alternatively:
      as mentioned in Administrative Information No 40-2002
      of 17 May 2002, insofar as it does not include the                  —     grant the Association Fondation Alsace the longest period
      applicant’s name;                                                         possible for payment.