CELEX: C2002/247/40
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-247/02: Action brought on 9 August 2002 by The Christian Science Board of Directors of The First Church of Christ, Scientist against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 247/24              EN                      Official Journal of the European Communities                                   12.10.2002
The applicant claims that the Court should:                              The applicant claims that the Court should:
—     annul the decision of the Third Board of Appeal of                 —     annul the implied rejection by the appointing authority
      the Office for Harmonisation in the Internal Market                      of the request of 28 August 2001 for damages on account
      (Trademarks and Designs) of 19 June 2002;                                of the undue delay by the defendant in drawing up the
                                                                               applicant’s staff reports for the reference periods 1995-
—     order the Defendant to remit the application to its                      1997 and 1997-1999 and, in so far as necessary, annul
      Examination Division for re-examination of Community                     the implied rejection of the complaint of 14 January
      Trademark number 1299809.                                                2002;
                                                                         —     award EUR 25 000 in damages by of compensation for
                                                                               non-material damage, that amount being fixed ex aequo et
                                                                               bono;
Pleas in law and main arguments
                                                                         —     order the defendant to pay the costs.
The trade mark con-          The figurative mark, presented as
cerned:                      design of capsule with yellow
                             bands          —           application
                             No 1299809
                                                                         Pleas in law and main arguments
Goods or service con-        Goods in Class 5 (pharmaceuticals
cerned:                      in the nature of anti-inflammatory          By his application, the applicant, an official of the Office de
                             analgesics)
                                                                         Contrôle de la Sécurité at Euratom, seeks an award of damages
                                                                         for the alleged delay in drawing up his staff report relating to
Decision        contested    Refusal of registration by the              the reference periods 1995-1997 and 1997-1999.
before the Board of          examiner
Appeal:
                                                                         The applicant claims that, by refusing to finalise those reports
Decision of the Board of     Dismissal of the appeal                     which are an essential assessment where the applicant’s career
Appeal:                                                                  is at stake, the defendant infringed Article 43 of the Staff
                                                                         Regulations, the provisions of the Guide de Notation and the
Grounds of claim:            Misapplication of Article 7(1)(b)           principle of equal treatment. Furthermore, the defendant is in
                             of Regulation (EC) No 40/94 (1)             breach of its duty to have regard to the welfare of its officials
                                                                         and infringed the principle of sound administration.
( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the
     Community trade mark (OJ L 11, p. 1).
                                                                         Action brought on 9 August 2002 by The Christian
                                                                         Science Board of Directors of The First Church of Christ,
                                                                         Scientist against the Office for Harmonisation in the
                                                                                  Internal Market (Trade Marks and Designs)
Action brought on 13 August 2002 by Albano Ferrer de
Moncada against Commission of the European Communi-
                              ties                                                                (Case T-247/02)
                        (Case T-246/02)                                                           (2002/C 247/40)
                        (2002/C 247/39)                                                    (Language of the case: English)
                  (Language of the case: French)
                                                                         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
An action against the Commission of the European Communi-                9 August 2002 by The Christian Science Board of Directors of
ties was brought before the Court of First Instance of the               The First Church of Christ, Scientist, represented by Nicholas
European Communities on 13 August 2002 by Albano Ferrer                  Green QC, Mark Engelman, barristers and by Geoffrey Smith
de Moncada, residing in Luxembourg, represented by Georges               and James Mitchiner, solicitors, Field Fisher Waterhouse,
Vandersanden, Laure Levi and Aurore Finchelstein, lawyers.               London (UK).
 ---pagebreak--- 12.10.2002            EN                      Official Journal of the European Communities                                        C 247/25
The applicant claims that the Court should:                                    ‘all printed materials, paper articles, cardboard articles,
                                                                               books, magazines, tracts, writings, photographs, pictures,
                                                                               works of art, cards, periodicals, and reproductions, includ-
                                                                               ing printed Bible lessons and passages, journals, post-
1)   annul the decision of 21 May 2002 the First Board of                      cards, printed religious publications and diverse litera-
     Appeal of the Office for Harmonisation in the Internal                    ture’;
     Market (Trade Marks and Designs) under Article 7(1)(b)
     of the Community Trade Mark Regulation (1) in so far as
     it refused registration of the Mark in respect of goods and         9)    alternatively to 8), annul or alter the Decision under
     services in classes 9, 16, 41 and 42;                                     Article 7(3) of the Regulation in so far as the Board of
                                                                               Appeal refused registration of the Mark and/or remit this
                                                                               to OHIM for further examination in respect of the
                                                                               restricted Class 16 specification:
2)   in the alternative, annul the Decision under Article 7(3)
     of the Regulation in so far as the Board of Appeal refused
     registration of the Mark in respect of ‘religious services’;              ‘books; hymnals, tracts, printed Bible lessons and pass-
                                                                               ages, journals, magazines, periodicals, printed religious
                                                                               publications’;
3)   alternatively to 2), alter the Decision under Article 7(3) of
     the Regulation so as to permit registration of the Mark in          10) order the Office to pay the applicant’s costs of this
     respect of ‘religious Sunday services’ and/or remit this to               application.
     OHIM for further examination;
4)   alternatively to 2), alter the Decision under Article 7(3) of
     the Regulation so as to permit registration of the Mark
     and/or remit this to OHIM for further examination in                Pleas in law and main arguments
     respect of the restricted specification set out as follows:
                                                                         The trade mark con-            The word mark ‘CHRISTIAN SCI-
     ‘organisation of Church and worship services; organis-              cerned:                        ENCE ’ — application No 78 915
     ation of religious Sunday services; organisation of mid-
     week testimony meetings; organisation of worship ser-               Goods or service con-          Goods and services in Class 9, 16,
     vices at colleges, provision of sermons, organisation of            cerned:                        38, 41 and 42 (e.g. computer
     religious functions; organisation of religious ceremonies;                                         software, printed materials, tele-
     organisation of churches; organisation of places of wor-                                           communications, educational ser-
     ship; organisation of religious societies’;                                                        vices and on-line computer ser-
                                                                                                        vices)
5)   annul the Decision under Article 7(3) of the Regulation             Decision         contested     Refusal of registration by the
     in so far as the Board of Appeal refused registration of            before the Board of            examiner in respect of all goods
     the Mark in respect of ‘library services; lending of books’;        Appeal:                        and services applied for, except
                                                                                                        for certain goods and services in
                                                                                                        classes 16, 38, 41 and 42
6)   annul the Decision under Article 7(3) of the Regulation
     in so far as the Board of Appeal refused registration of            Decision of the Board of       —     Annulment of the contested
     the Mark in respect of ‘religious-educational services’;            Appeal:                              decision in so far as it reject-
                                                                                                              ed the trade mark appli-
                                                                                                              cation for ‘reading rooms,
7)   alternatively to 6), alter the Decision under Article 7(3) of                                            public lectures; services in
     the Regulation so as to permit registration of the Mark                                                  publishing of books, jour-
     and/or remit this to OHIM for further examination in                                                     nals, reviews, periodicals,
     respect of the restricted specification:                                                                 and religious publications;
                                                                                                              production of film and
                                                                                                              sound or audio-visual rec-
     ‘provision of classes regarding religious instruction;                                                   ordings; Sunday schools’;
     organisation of associations for religious instruction’;
                                                                                                        —     remittal of the case to the
                                                                                                              examiner for further pros-
                                                                                                              ecution;
8)   annul the Decision under Article 7(3) of the Regulation
     in so far as the Board of Appeal refused registration of                                           —     dismissal of the appeal for
     the Mark in respect of                                                                                   the remainder.
 ---pagebreak--- C 247/26               EN                       Official Journal of the European Communities                                    12.10.2002
Grounds of claim:              —      The Decision is in breach of         —     order the defendant to pay the costs.
                                      Article 7(1)(b) of Regulation
                                      (EC) No 40/94: The Board of
                                      Appeal failed to draw the
                                      correct inferences from the          Pleas in law and main arguments
                                      cited evidence, misapplied
                                      the test of relevant public,
                                                                           The applicant, an official of the Economic and Social Com-
                                      failed to apply the law con-
                                                                           mittee of the European Communities, applied for the post of
                                      sistently and failed to pro-
                                                                           head of the Italian Translation and Transcription Division of
                                      vide proper reasoning.
                                                                           the Logistics and Translation Directorate. However, the Bureau
                               —      The Decision is in breach of         of the Economic and Social Committee rejected her application
                                      Article 7(3) of Regulation           and appointed another candidate to that post.
                                      (EC) No 40/94: The Board of
                                      Appeal failed to apply the           In support of her claim, the applicant alleges:
                                      test for acquired distinc-
                                      tiveness correctly, failed to        —     infringement of Article 29(1)(a) of the Staff Regulations;
                                      interpret the evidence associ-
                                      ated with various goods and
                                                                           —     infringement of Article 45 of the Staff Regulations;
                                      services correctly and did not
                                      provide adequate reasoning.
                                                                           —     manifest error of assessment;
                                                                           —     breach of the principle that officials should have reason-
( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-                  able career prospects;
     munity trade mark (OJ L 11, p. 1).
                                                                           —     abuse of process;
                                                                           —     breach of the duty to provide reasons.
Action brought on 13 August 2002 by Carla Faita against
Economic and Social Committee of the European Com-                         Action brought on 16 August 2002 by E against Com-
                             munities                                                  mission of the European Communities
                         (Case T-248/02)                                                           (Case T-251/02)
                                                                                                   (2002/C 247/42)
                         (2002/C 247/41)
                                                                                              (Language of the case: French)
                   (Language of the case: French)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
An action against the Economic and Social Committee of the                 European Communities on 16 August 2002 by E, residing in
European Communities was brought before the Court of First                 Brussels, represented by Laure Levi and Georges Vandersanden,
Instance of the European Communities on 13 August 2002                     lawyers.
by Carla Faita, residing in Brussels, represented by Albert
Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.
                                                                           The applicant claims that the Court should:
                                                                           —     annul the decision of the appointing authority of
The applicant claims that the Court should:                                      29 August 2001 fixing the applicant’s place of origin and
                                                                                 place of recruitment as Brussels and refusing to grant her
—     annul the decisions of the Bureau of the Economic and                      the expatriation allowance, installation allowance, daily
      Social Committee of the European Communities to reject                     subsistence allowance, travel expenses and removal
      the applicant’s candidature for the post of head of the                    expenses relating to her taking up her duties at the
      Italian Translation and Transcription Division of the                      Commission on 16 July 2001.
      Logistics and Translation Directorate and to appoint
      another candidate to the post;                                       —     order the defendant to pay the costs.