CELEX: C2003/200/49
Language: en
Date: 2003-08-23 00:00:00
Title: Case T-204/03: Action brought on 10 June 2003 by Haladjian Frères against the Commission of the European Communities

23.8.2003              EN                          Official Journal of the European Union                                         C 200/27
Pleas in law and main arguments                                            lished for the sale outside the United States of spare parts for
                                                                           its construction equipment infringed Articles 81 and 82 EC.
The applicant was an official at the Commission. By the                    The Commission rejected that complaint by its contested
decision challenged the Commission reprimanded the applicant               decision. In support of its action, the applicant claims that
following alleged false statements made by the him in connec-              the defendant made manifest errors of fact, as well as errors in
tion with his missions and leave.                                          the interpretation and application of the law, in finding that
                                                                           the application to the applicant of the system of selling spare
                                                                           parts for use outside the United States does not constitute an
The applicant pleads, first, infringement of Commission Regu-              agreement within the meaning of Article 81 EC and by not
lation No 1 and Article 13 of the EC Treaty. He states that the            applying Article 82 EC although Caterpillar holds a dominant
defendant continued to use French in its letters to him in spite           position in the relevant market. The applicant also puts
of his request to use Danish or English. That constitutes,                 forward alleged infringements of procedural rules and of the
according to the applicant, language discrimination.                       complainant's rights in regard to the allegedly excessive length
                                                                           of the investigation of the complaint lodged by the applicant,
Secondly, the applicant pleads breach of medical confidentiality           the alleged failure to give reasons for the contested decision,
in so far as the defendant consulted its medical staff to                  the alleged lack of diligence and impartiality of the defendant
ascertain whether the applicant was fit to attend the hearing.             in the examination of the complaint, as well as the alleged
That opinion can be based, according to the applicant, only on             infringement of Article 6 of Regulation 2842/1998/EC (1) in
his medical history and his file and therefore constitutes a               that new matters appear for the first time in the contested
breach of professional secrecy.                                            decision without the applicant being able to submit its obser-
                                                                           vations with regard thereto.
Thirdly, the applicant pleads irregularities in the procedure in
so far as the complaints were not clearly formulated in the                (1) OJ 1998 L 354 p. 18.
minutes recording the opening of the disciplinary proceedings.
The applicant also pleads an infringement of rules of law, in
particular of Article 71 and Annex VII of the Staff Regulations.
Action brought on 10 June 2003 by Haladjian Frères
  against the Commission of the European Communities                       Action brought on 13 June 2003 by Faber Chimica S.r.l.
                                                                           against the Office for Harmonisation in the Internal
                                                                                          Market (Trade Marks and Designs)
                          (Case T-204/03)
                          (2003/C 200/49)                                                            (Case T-211/03)
                    (Language of the case: French)
                                                                                                    (2003/C 200/50)
An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the                                   (Language of the case: Italian)
European Communities on 10 June 2003 by Haladjian Frères,
established in Sorgues (France), represented by Nicole Coutrelis,
lawyer, which an address for service in Luxembourg.
                                                                           An action against the Office for Harmonisation in the Internal
The applicant claims that the Court should:                                Market (Trade Marks and Designs) was brought before the
                                                                           Court of First Instance of the European Communities on
—     annul the Commission's decision of 1 April 2003                      13 June 2003 by Faber Chimica S.r.l., represented by
      rejecting its complaint against Caterpillar;                         P. Tartuferi and M. Andreano. Industrias Químicas Naber S.A.
                                                                           was also a party to the proceedings before the Board of
—     so far as necessary, undertake all measures of inquiry to            Appeal.
      order the Commission to produce all the documents
      relevant to determination of the dispute;
                                                                           The applicant claims that the Court should:
—     order the Commission to pay the costs.
                                                                           —     annul the contested decision;
Pleas in law and main arguments                                            —     order OHIM and also Industrias Químicas Naber S.A., in
                                                                                 the event that it should intervene, to pay the costs of the
The applicant lodged a complaint with the Commission against                     present proceedings together with the costs of the admin-
the Caterpillar Corporation, claiming that the system it estab-                  istrative proceedings before OHIM.