CELEX: C2000/372/25
Language: en
Date: 2000-12-23 00:00:00
Title: Case T-316/00: Action brought on 9 October 2000 by Viking-Umwelttechnik Ges.m.b.H. against the Office for Harmonisation in the Internal Market (Trade marks and Designs)

C 372/12               EN                     Official Journal of the European Communities                                   23.12.2000
The applicant claims that the Court should:                              —     misuse of powers by the defendant.
—     annul the decision adopted on 13 December 1999 by the
      Commission’s Pensions Unit, in accordance with the
      earlier requests of 23 August 1999, 22 September 1999
      and 3 December 1999;
—     review of the applicant’s file, in view of the transfer of her     Action brought on 9 October 2000 by Viking-
      pension rights, by the Transfer of Pension Rights Section          Umwelttechnik Ges.m.b.H. against the Office for Harmon-
      of the Commission Pensions Unit following receipt of                isation in the Internal Market (Trade marks and Designs)
      the interest arising from enforcement of a judgment,
      transferred by the Spanish social security;                                                 (Case T-316/00)
—     order any calculation necessary in respect of the abov-                                     (2000/C 372/25)
      ementioned transfer;
                                                                                            (Language of the case: German)
—     order the Commission to compensate the applicant
      pursuant to the general implementing provisions (GIP)
      by paying interest at a rate of 3.5 % per annum, calculated        An action against the Office for Harmonisation in the Internal
      on the basis of the capital sum required to ensure the             Market (Trade marks and Designs) was brought before the
      number of years of pensionable service with which she is           Court of First Instance of the European Communities on
      to be credited under the Staff Regulations in respect of           9 October 2000 by Viking-Umwelttechnik Ges.m.b.H. Kuf-
      the periods to which such interest relates;                        stein (Austria), represented by Stefan Völker of Gleiss Lutz
                                                                         Hootz Hirsch Rechtsanwälte, Stuttgart (Germany).
—     order the repayment to the applicant of any amount                 The applicant claims that the Court should:
      overpaid as a result of the difference between the
      transferable capital sum together with interest of all kinds       —     annul the decision of the First Board of Appeal of 28 July
      and the capital sum required to ensure payment together                  2000 in Case R 558/1999-1 relating to the application
      with interest payable to the Commission; and                             for registration as a Community trade mark No 459 149;
—     order the Commission to pay the costs.                             —     order the Office for Harmonisation to pay the applicant’s
                                                                               costs.
Pleas in law and main arguments                                          Pleas in law and main arguments
                                                                         Mark:                          Colour mark claiming green (Pan-
The present action has been brought against the decision                                                tone 369c) and grey (Pantone
allegedly contained in a memorandum sent to the applicant                                               428u)         —      Application
dated 13 December 1999, adopted in the context of credit                                                No 459 149
for pensionable service reckoned pursuant to the general
provisions implementing Article 11(2) of the Staff Regulations,          Goods or services:             Goods in Class 7 (include garden
with regard to the years during which contributions had been                                            choppers, mowers, hedge cutters,
paid to the Spanish social security scheme, and, in particular,                                         rotary machines, ploughs,high
calculation of the interest arising from the amount overpaid                                            pressure cleaning apparatus)
on transferring pension rights.
                                                                         Decision         contested     Refusal by the examiner to register
                                                                         before the Board of
                                                                         Appeal:
In support of his arguments, the applicant alleges:
                                                                         Pleas in law:                  — misapplication of Article
                                                                                                            7(1)(b) of Regulation (EEC)
—     infringement of Article 11(2) of Annex VIII of the the                                                No 40/94
      Staff Regulations of Officials of the European Communi-
      ties and its implementing provisions, so far as concerns                                          — misapplication of Article
      Article 77 et seq thereof.                                                                            7(1)(c) of Regulation (EEC)
                                                                                                            No 40/94
—     breach of the principles of subsidiarity, non-discrimi-
      nation and protection of legitimate expectations.