CELEX: C2003/264/57
Language: en
Date: 2003-11-01 00:00:00
Title: Case T-292/03: Action brought on 20 August 2003 by Messe Berlin GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

1.11.2003               EN                           Official Journal of the European Union                                       C 264/33
The applicant finally submits that the Commission should                     —     from the failure to examine an unknown number of
have initiated a formal investigation procedure under                              candidates in the language which they had declared to be
Article 88(2) EC given the complexity of the arguments in fact                     their ‘principal’ language;
and law raised by the applicant and the economic analysis
required.                                                                    —     from the failure to examine the applicant in the third
                                                                                   language declared by him, and also from the (in his
                                                                                   submission) different treatment of the candidates as
(1) Case C-53/00 Ferring [2001] ECR I-9067 and Case C-280/00                       regards examination of the third language and any further
    Altmark Trans GmbH and Regierungspräsidium Magdeburg, not                      languages known by them;
    yet published in the ECR.
(2) Council Directive 92/49/EEC of 18 June 1992 on the coordination
    of laws, regulations and administrative provisions relating to           —     from the appointment of further members of the selection
    direct insurance other than life assurance and amending Directives             board in addition to those initially appointed, after
    73/239/EEC and 88/357/EEC (third non-life insurance Directive)                 notification of the names of the candidates admitted to
    (OJ L 228, p. 1).                                                              the oral examination, from the fact that the selection
                                                                                   board included two members appointed by the Staff
                                                                                   Committee instead of one, and from the alteration in the
                                                                                   composition of the board when the oral examinations
                                                                                   were conducted.
Action brought on 18 August 2003 by Georgios Pantoulis
  against the Commission of the European Communities
                          (Case T-290/03)                                    Action brought on 20 August 2003 by Messe Berlin
                                                                             GmbH against the Office for Harmonisation in the
                                                                                      Internal Market (Trade Marks and Designs)
                          (2003/C 264/56)
                                                                                                       (Case T-292/03)
                     (Language of the case: Greek)
                                                                                                       (2003/C 264/57)
An action against the Commission of the European Communi-                                       (Language of the case: German)
ties was brought before the Court of First Instance of the
European Communities on 18 August 2003 by Georgios
Pantoulis, resident in Brussels (Belgium), represented by Kharis-
sios Tagaras, lawyer.                                                        An action against the Office for Harmonisation in the Internal
                                                                             Market (Trade Marks and Designs) was brought before the
                                                                             Court of First Instance of the European Communities on
The applicant claims that the Court should:                                  20 August 2003 by Messe Berlin GmbH, Berlin, represented
                                                                             by R. Lange and E. Schalast, lawyers.
—     annul the decision of the selection board for Competition
      COM/A/6/01 — section 02 not to include him on the list
      of successful candidates in that competition and the                   The applicant claims that the Court should:
      defendant’s reply of 10 June 2003 by which it rejected his
      complaint under no R/55/2003, lodged on 10 February                    —     annul the decision of the Second Board of Appeal of the
      2003, requesting revocation of the selection board;                          Office for Harmonisation in the Internal Market (Trade
                                                                                   Marks and Designs) of 5 June 2003 (Case No R 646/
—     order the defendant to pay his costs.                                        2001-2);
                                                                             —     order the defendant Office to pay the costs of the
                                                                                   proceedings.
Pleas in law and main arguments
In support of his action, the applicant pleads breaches of the               Pleas in law and main arguments
competition notice, of the principles and rules governing the
functioning of selection boards, of the principle of equal
treatment and of the Staff Regulations (Annex III). In his                   Community trade mark           The word mark ‘HOMETECH’ —
submission those breaches have arisen:                                       sought:                        application No 1985118
 ---pagebreak--- C 264/34              EN                          Official Journal of the European Union                                     1.11.2003
Goods or services:             Goods and services in Classes 16           Action brought on 29 August 2003 by Proteco s.r.l.
                               and 41                                       against the Commission of the European Communities
Decision        contested      Refusal by the examiner to register
before the Board of            the mark in respect of ‘printed                                    (Case T-296/03)
Appeal:                        matter’ in Class 16 and ‘arranging
                               and organising of trade fairs, exhi-
                                                                                                  (2003/C 264/59)
                               bitions, seminars and congresses’
                               in Class 41
                                                                                             (Language of the case: Italian)
Decision of the Board of       Dismissal of the applicant’s appeal
Appeal:
Pleas in law:                  —    The mark is distinctive
                                    within the meaning of                 An action against the Commission of the European Communi-
                                    Article 7(1)(b) of Regulation         ties was brought before the Court of First Instance of the
                                    (EC) No 40/94;                        European Communities on 29 August 2003 by Proteco s.r.l.,
                                                                          represented by M.A. Calabrese, lawyer.
                               —    The mark is not a descriptive
                                    indication within the mean-
                                    ing of Article 7(1)(c) of Regu-       The applicant claims that the Court should:
                                    lation (EC) No 40/94.
                                                                          —     annul the contested refusal.
                                                                          —     order the Commission to pay the costs.
Action brought on 29 August 2003 by Poli Sud s.r.l.
                                                                          Pleas in law and main arguments
  against the Commission of the European Communities
                        (Case T-295/03)                                   The pleas in law and main arguments are similar to those
                                                                          advanced in Case T-139/03 Nuova Agricast v Commission (1).
                        (2003/C 264/58)
                                                                          (1) OJ C 146 of 21.6.2003, p. 43.
                  (Language of the case: Italian)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 29 August 2003 by Poli Sud s.r.l.,
represented by M.A. Calabrese, lawyer.
                                                                          Action brought on 29 August 2003 by Tomasetto Achille
                                                                          s.a.s. di Tomasetto Andrea & C. against the Commission
The applicant claims that the Court should:                                               of the European Communities
—     annul the contested refusal.
                                                                                                  (Case T-297/03)
—     order the Commission to pay the costs.
                                                                                                  (2003/C 264/60)
Pleas in law and main arguments
                                                                                             (Language of the case: Italian)
The pleas in law and main arguments are similar to those
advanced in Case T-139/03 Nuova Agricast v Commission (1).
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
(1) OJ C 146 of 21.6.2003, p. 43.                                         European Communities on 29 August 2003 by Tomasetto
                                                                          Achille s.a.s. di Tomasetto Andrea & C., represented by
                                                                          M.A. Calabrese, lawyer.