CELEX: C2003/184/110
Language: en
Date: 2003-08-02 00:00:00
Title: Case T-205/03: Action brought on 11 June 2003 by Nicolas Georgiopoulos and Others against the Commission of the European Communities

C 184/52               EN                            Official Journal of the European Union                                             2.8.2003
giving it the opportunity to be heard, contrary to the rights of             Community       trade    mark     Figurative trade mark ‘COMP
defence and the principle of sound administration. As to                     sought:                           USA’      —     Application    no
substance, the applicant alleges, first misapplication of                                                      2 133 202 for goods in
Article 93(c) and (f) of Regulation No 1605/03 and, secondly,                                                  Classes 9 and 37 (items related
infringement of Article 96 of that regulation and of the                                                       to computers)
principle of proportionality in determining the level of sanc-
tions. The applicant further alleges a defective statement of
reasons in respect of the latter claims.
                                                                             Proprietor of mark or sign        The applicant
The applicant thus seeks compensation for the damage caused                  cited in the opposition pro-
by the sanctions unlawfully imposed by the contested decision;               ceedings:
such damage is not only economic in nature but is also
detrimental to the image and reputation of the company.
(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002            Mark or sign cited in op-         The figurative English trade
    on the Financial Regulation applicable to the general budget of the      position:                         mark ‘COMP USA’ for goods in
    European Communities (OJ 2002 L 248, p. 1).                                                                Class 39 (transport)
                                                                             Decision of the Opposition        Rejection of the opposition
                                                                             Division:
Action brought on 2 June 2003 by Alecansan, S.L. against
the Office for Harmonisation in the Internal Market
              (Trade Marks and Designs) (OHIM)                               Decision of the Board of          Dismissal of the appeal
                                                                             Appeal:
                          (Case T-202/03)
                         (2003/C 184/109)
                                                                             Pleas in law:                     Misapplication of Article 8(1)(b)
                                                                                                               of Regulation (EC) No 40/94
                    (Language of the case: Spanish)
                                                                                                               (likelihood of confusion)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
2 June 2003 by Alecansan, S.L., with its registered office in
                                                                             Action brought on 11 June 2003 by Nicolas Georgio-
Madrid, represented by María Baylos Morales, Pedro Merino
                                                                             poulos and Others against the Commission of the
Baylos and Jesús Arribas García, lawyers at the Madrid Bar.
                                                                                                   European Communities
The applicant claims that the Court should:                                                            (Case T-205/03)
—     annul the decision of the First Board of Appeal of OHIM                                         (2003/C 184/110)
      of 24 March 2003 in Case R 711/2002-1;
                                                                                                 (Language of the case: French)
—     annul the decision of OHIM's Opposition Division of
      17 June 2002;
                                                                             An action against the Commission of the European Commu-
—     declare the mark claimed and the applicant's trade mark                nities was brought before the Court of First Instance of the
      with priority incompatible pursuant to Article 8(1)(b) of              European Communities on 11 June 2003 by Nicolas Georgio-
      Regulation No 40/94 on the Community trade mark;                       poulos, residing in Brussels, and 4 other officials, represented
                                                                             by G. Bounéou and F. Frabetti, lawyers, with an address for
—     refuse registration of the Community trade mark ‘COMP                  service in Luxembourg.
      USA’, no 849 497, for Classes 9 and 37; and
                                                                             The applicants claim that the Court should:
—     order the defendant, and the intervener if he intervenes in            —     annul the decision of the competent hierarchical authority
      the action for annulment, to pay the costs.                                  changing, with effect from a year not further specified
                                                                                   (1993, 1996, 1997, or another year, and for the period
                                                                                   during which the applicants were officials of the Commis-
                                                                                   sion of the European Communities), the procedure for
Pleas in law and main arguments                                                    calculating the annual expense of travelling to Greece in
                                                                                   respect of the journey via Brindisi, as taken into consid-
Applicant for Community           CompUSA Management Com-                          eration for destinations in the Pelopponese;
trade mark:                       pany                                             or, in the alternative,
 ---pagebreak--- 2.8.2003               EN                          Official Journal of the European Union                                         C 184/53
—     annul the decision of the competent hierarchical authority                 sion of the European Communities), the procedure for
      to reimburse, with effect from a year not further specified                calculating the annual expense of travelling to Greece in
      (1993, 1996, 1997, or another year, and for the period                     respect of the journey via Brindisi, as taken into consid-
      during which the applicants were officials of the Commis-                  eration for the destination of Athens;
      sion of the European Communities), the cost of the sea
      passage from Brindisi to various Greek frontier points                     or, in the alternative,
      (Corfu, Igoumenitsa, Patras) on the basis of an ‘aircraft
      type seat’ ticket;                                                   —     annul the decision of the competent hierarchical authority
                                                                                 to reimburse, with effect from a year not further specified
—     annul all the applicants' pay slips implementing the                       (1993, 1996, 1997, or another year, and for the period
      decisions annulment of which is sought;                                    during which the applicants were officials of the Commis-
                                                                                 sion of the European Communities), the cost of the sea
—     reimburse to the applicants all the amounts not paid                       passage from Brindisi to various Greek frontier points
      following implementation of the decisions annulment of                     (Corfu, Igoumenitsa, Patras) on the basis of an ‘aircraft
      which is sought, together with legal interest;                             type seat’ ticket;
—     make the appropriate ruling as to costs and order the                —     annul all the applicants' pay slips implementing the
      Commission of the European Communities to pay those                        decisions annulment of which is sought;
      costs.
                                                                           —     reimburse to the applicants all the amounts not paid
                                                                                 following implementation of the decisions annulment of
                                                                                 which is sought, together with legal interest;
Pleas in law and main arguments
                                                                           —     make the appropriate ruling as to costs and order the
                                                                                 Commission of the European Communities to pay those
The applicants in this case seek the annulment of the Commis-
                                                                                 costs.
sion's decision changing the method of calculating annual
travel expenses to Greece.
The pleas in law and main arguments put forward by the
applicants in support of their application are similar to those            Pleas in law and main arguments
of the applicants in Cases T-221/02 (1) and T-44/03 (2).
                                                                           The applicants in this case seek the annulment of the Commis-
 1
( ) OJ C 247, 12.10.2002, p. 17.                                           sion's decision changing the method of calculating annual
(2) OJ C 101, 26.4.2003, p. 40.                                            travel expenses to Greece.
                                                                           The pleas in law and main arguments put forward by the
                                                                           applicants in support of their application are similar to those
                                                                           of the applicants in Cases T-221/02 (1) and T-44/03 (2).
                                                                           (1) OJ C 247, 12.10.02, p. 17.
Action brought on 11 June 2003 by Panayotis Adamo-                         (2) OJ C 101, 26.04.03, p. 40.
poulos and Others against the Commission of the
                      European Communities
                          (Case T-206/03)
                         (2003/C 184/111)
                                                                           Action brought on 11 June 2003 by Athanassios Rammos
                    (Language of the case: French)                            against the Commission of the European Communities
                                                                                                     (Case T-207/03)
An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the                                        (2003/C 184/112)
European Communities on 11 June 2003 by Panayotis Adamo-
poulos, residing in Brussels, and 118 other officials, represented
by G. Bounéou and F. Frabetti, lawyers, with an address for                                    (Language of the case: French)
service in Luxembourg.
The applicants claim that the Court should:                                An action against the Commission of the European Commu-
                                                                           nities was brought before the Court of First Instance of the
—     annul the decision of the competent hierarchical authority           European Communities on 11 June 2003 by Athanassios
      changing, with effect from a year not further specified              Rammos, residing in Uccle (Belgium), represented by
      (1993, 1996, 1997, or another year, and for the period               G. Bounéou and F. Frabetti, lawyers, with an address for service
      during which the applicants were officials of the Commis-            in Luxembourg.