CELEX: C2003/101/89
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-65/03: Action brought on 25 February 2003 by Fondation Alsace against Commission of the European Communities

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.
 ---pagebreak--- C 101/52                EN                         Official Journal of the European Union                                         26.4.2003
Pleas in law and main arguments                                            —     order the European Parliament to grant to the applicant
                                                                                 the resettlement allowance provided for under Article 6
                                                                                 of Annex VII to the Staff Regulations with retroactive
The present application is directed against a decision of the                    effect from 1 June 2002;
Commission of 20 December 2002 requiring the Fondation
Alsace to repay to it EUR 18 000 (principal sum) as a result of            —     order the European Parliament to pay all the costs of the
its failure to fulfil subvention agreement PSS*/0534, concern-                   proceedings.
ing the organisation in Strasbourg of a conference from
29 June to 2 July 1992 entitled: ‘Quel avenir pour la
xénotransplantation et éthique et xénotransplantation’.
According to the Commission, the applicant failed to fulfil one            Pleas in law and main arguments
of its obligations, namely to provide scientific reports.
                                                                           The applicant, who is a former official of the European
                                                                           Parliament, was retired with entitlement to receive an invalidity
                                                                           pension as from 1 June 1999. On 31 May 2002 the applicant
In support of its claims, in addition to pleading lack of a                submitted to the defendant an application for the resettlement
statement of reasons, the applicant alleges:                               allowance provided for under Article 6 of Annex VII to the
                                                                           Staff Regulations, stating that he had, on the previous day,
—     expiry of time-limits to bring an action for restitution             definitively resettled in England. Following the defendant’s
      inasmuch as reimbursement of the subsidy in question is              rejection of that application, the applicant brought the present
      required more than 10 years after it was granted;                    action, invoking three pleas in law in support thereof:
—     manifest error of assessment in the present case, in that            —     manifest error of assessment;
      the condition relating to distribution of scientific reports
      was met, having regard to the nationality and number of              —     breach of the provisions of the second subparagraph of
      participants at the conference who were all leading                        Article 6(4) of Annex VII to the Staff Regulations;
      specialists in the field with which the conference was
      concerned.                                                           —     infringement of the obligation to state reasons.
                                                                           Action brought on 28 February 2003 by Herbert Meister
                                                                           against Office for Harmonization in the Internal Market
Action brought on 28 February 2003 by Miguel Angel                                                       (OHIM)
      Poveda Morillas against the European Parliament
                                                                                                     (Case T-76/03)
                           (Case T-69/03)
                                                                                                    (2003/C 101/91)
                          (2003/C 101/90)
                                                                                              (Language of the case: French)
                    (Language of the Case: French)
                                                                           An action against the Office for Harmonization in the Internal
                                                                           Market (OHIM) was brought before the Court of First Instance
                                                                           of the European Communities on 28 February 2003 by
An action against the European Parliament was brought before               Herbert Meister, residing in Muchamiel (Spain), represented by
the Court of First Instance of the European Communities on                 Georges Vandersanden, lawyer.
28 February 2003 by Miguel Angel Poveda Morillas, residing in
Folkestone (United Kingdom), represented by Patrick Goergen,
                                                                           The applicant claims that the Court should:
avocat, with an address for service in Luxembourg.
                                                                           —     annul the decision of 22 April 2002 of the President of
                                                                                 the Office transferring the applicant together with his
The applicant claims that the Court should:                                      post as legal adviser to the Vice-President for Legal Affairs
                                                                                 with effect from 1 May 2002;
—     annul the decision of the European Parliament of 3 June
      2002 refusing to grant to the applicant the resettlement             —     order the applicant’s rights to be fully restored, which
      allowance provided for under Article 6 of Annex VII to                     means retransferring him and his post to his original
      the Staff Regulations;                                                     department, in its original structure;