CELEX: C2001/227/39
Language: en
Date: 2001-08-11 00:00:00
Title: Case T-90/01: Action brought on 23 April 2001 by Christine Janusch against the European Central Bank

C 227/20               EN                     Official Journal of the European Communities                                     11.8.2001
Action brought on 23 April 2001 by Christine Janusch                     Action brought on 23 April 2001 by BioID AG against
              against the European Central Bank                          the Office for Harmonisation in the Internal Market
                                                                                           (Trade Marks and Designs)
                          (Case T-90/01)
                                                                                                  (Case T-91/01)
                         (2001/C 227/39)
                                                                                                 (2001/C 227/40)
                   (Language of the case: German)
                                                                                           (Language of the case: German)
An action against the European Central Bank was brought
before the Court of First Instance of the European Communities           An action against the Office for Harmonisation in the Internal
on 23 April 2001 by Christine Janusch, residing in Dreieich              Market (Trade Marks and Designs) was brought before the
(Germany), represented by Boris Karthaus, Rechtsanwalt, with             Court of First Instance of the European Communities on
an address for service in Luxembourg.                                    23 April 2001 by BioID AG, of Berlin (Germany), represented
                                                                         by Axel Nordemann, Lawyer.
The applicant claims that the Court should:
                                                                         The applicant claims that the Court should:
—     annul the decision of the defendant addressed to the
      applicant of 5 February 2001;                                      —     annul the decision of the Second Board of Appeal of the
                                                                               Office for Harmonisation in the Internal Market (Trade
—     order the defendant to make a number of payments plus                    Marks and Designs) of 20 February 2001 (Appeal
      interest to the applicant;                                               R 538/1999-2) and the decision of the examiner Robert
                                                                               Kliyn Brinkema of the Office for Harmonisation in the
—     order the defendant to pay the costs.                                    Internal Market (Trade Marks and Designs) of 25 June
                                                                               1999 (concerning application file number 873943);
                                                                         —     order the defendant to admit for publication trade mark
Pleas in law and main arguments                                                873943, logo: BioID.®
                                                                         —     order the defendant to pay the costs.
The applicant was employed by the defendant from July 1998
and assigned to salary band C. In August 2000, she applied for
confirmation of her classification and of assignment to salary
band D, with retrospective effect from 1 January 2000. She               Pleas in law and main arguments
left her employment with the defendant in September 2000.
                                                                         Applicant for the Com-        BioID AG (formerly D.C.S. Dialog
On 28 November 2000, the Executive Board of the defendant                munity trade mark:            Communication Systems AG)
decided to carry out a reclassification of certain posts, whereby
the applicant’s post of ‘Administrative Assistant in the Protocol        The trade mark applied        the word mark and figurative
and Conferences Division’ was assigned to salary band D as               for:                          mark BioID.®
‘Meeting and Conference Assistant’.
                                                                         Goods or services con-        goods and services in Classes 9,
                                                                         cerned:                       38 and 42
By a letter of 5 February 2001, the defendant decided that,
although the applicant’s post as ‘Meeting and Conference                 Decision        contested     refusal of registration by the
Assistant’ had been assigned to salary band D, the defendant             before the Board of           examiner
was not in a position to make the applicant’s new classification         Appeal:
in salary band D retrospective, as the Executive Board had
decided not to apply the decision of 28 November 2000                    Decision of the Board of      dismissal of the applicant’s appeal
retrospectively to employees who had left the defendant in the           Appeal:
meantime.
                                                                         Grounds of claim:             — misapplication of Article
                                                                                                           7(1)(c) of Regulation (EC)
The applicant makes three pleas in law against the decision,
                                                                                                           No 40/94 (1)
namely that it was not sufficiently reasoned, infringed the
general principle of equal treatment, and was contrary to the                                          — the trade mark applied for
principles of good faith and fair dealing.                                                                 is, simply on account of its
                                                                                                           graphic configuration, not a
                                                                                                           descriptive indication and it
                                                                                                           has distinctive and indepen-
                                                                                                           dent graphics