CELEX: C2003/135/56
Language: en
Date: 2003-06-07 00:00:00
Title: Case T-113/03: Action brought on 31 March 2003 by Georgios Gouvras against Commission of the European Communities

7.6.2003               EN                         Official Journal of the European Union                                         C 135/35
                               —    Violation of the principle of         The applicant claims that the Court should:
                                    continuity between the
                                    Opposition Division and the           —     annul the decisions of 30 April 2002 of the Director
                                    Board of Appeal in that the                 of the ‘Administration and Personnel Management for
                                    Board of Appeal refused to                  Luxembourg and Ispra’ Directorate in DG ADMIN refus-
                                    examine the applicant’s                     ing the applicant the installation allowance and daily
                                    request for proof of use.                   subsistence allowance during his secondment to Athens,
                                                                                and the installation allowance upon his return to Luxem-
                               —    Breach of Article 8(1) of
                                                                                bourg, and that limiting the transferable part of his salary
                                    Council Regulation 40/94 in
                                                                                to 35 % of his net emoluments from his place of
                                    that there is no likelihood of
                                                                                secondment to his place of work and habitual residence;
                                    confusion.
                               —    Breach of Article 8(2) (a) (ii)       —     order the defendant to pay the costs.
                                    of Council Regulation 40/94
                                    in that the Board of Appeal
                                    failed to assess whether the
                                    national trade mark could
                                    validly be invoked to oppose          Pleas in law and main arguments
                                    the Community trade mark
                                    application      under     the
                                    national legislation.                 The applicant, who was stationed in Luxembourg, was second-
                                                                          ed in the interests of the service to the Greek Ministry of
                                                                          Health in Athens. By its contested decisions, the defendant
                                                                          refused him the installation allowance and daily subsistence
( 1) Council Regulation (EC) No 40/94 of 20 December 1993 on the          allowance and limited the part of his salary he was allowed to
     Community trade mark (OJ 11, p. 1).                                  transfer to Luxembourg to 35 %.
( 2) Commission Regulation (EC) No 2868/95 of 13 December
     1995 implementing Council Regulation (EC) No 40/94 on the
     Community trade mark (OJ L 303, p. 1).
                                                                          With regard to the refusal of the installation allowance and the
                                                                          daily subsistence allowance, the applicant claims infringement
                                                                          of Articles 5 and 10 of Annex VII to the Staff Regulations in
                                                                          support of his arguments. With regard to the 35 % cap on the
                                                                          amount of his salary that he was allowed to transfer to
                                                                          Luxembourg, he claims infringement of Article 38(d) of the
                                                                          Staff Regulations and of Article 17 of Annex VII to the Staff
                                                                          Regulations.
Action brought on 31 March 2003 by Georgios Gouvras
     against Commission of the European Communities
                                                                          Action brought on 7 April 2003 by Samar SpA against
                          (Case T-113/03)                                 the Office for Harmonisation in the Internal Market
                                                                                        (Trade Marks and Designs) (OHIM)
                         (2003/C 135/56)
                                                                                                   (Case T-115/03)
                   (Language of the case: French)                                                  (2003/C 135/57)
                                                                                             (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                An action against the Office for Harmonisation in the Internal
European Communities on 31 March 2003 by Georgios                         Market (Trade Marks and Designs) (OHIM) was brought before
Gouvras, resident in Bereldange, Luxembourg, represented by               the Court of First Instance of the European Communities on
Albert Coolen, Jean-Noël Louis, Etienne Marchal and Sébastien             7 April 2003 by Samar SpA, represented by Alessandro Ruo,
Orlandi, lawyers, with an address for service in Luxembourg.              lawyer.