CELEX: C2001/079/45
Language: en
Date: 2001-03-10 00:00:00
Title: Case T-4/01: Action brought on 5 January 2001 by Renco S.A. against the Council of the European Union

10.3.2001             EN                     Official Journal of the European Communities                                         C 79/25
Pleas in law and main arguments                                         Proprietor of the right to    The applicant
                                                                        the trade mark or sign
The pleas in law and main arguments are analogous to those              asserted by way of oppo-
relied upon in Case T-379/00.                                           sition in the opposition
                                                                        proceedings:
                                                                        Trade mark or sign            Registered German figurative
                                                                        asserted by way of oppo-      mark ‘ILS’ for ‘educational and
                                                                        sition in the opposition      teaching material (except for
                                                                        proceedings:                  apparatus) in the form of printed
                                                                                                      materials; data carriers of all kind
Action brought on 30 December 2000 by the Institut für                                                with programmes for educational
Lernsysteme against the Office for Harmonisation in the                                               purposes; development and run-
                        Internal Market                                                               ning of correspondence courses’
                                                                                                      in Classes 9, 16 and 41
                        (Case T-388/00)
                                                                        Decision of the Oppo-         Rejection of the opposition
                                                                        sition Division:
                         (2001/C 79/44)
                                                                        Decision of the Board of      Rejection of the opposition
                                                                        Appeal:
                  (Language of the case: English)
                                                                        Grounds of claim:             — infringement of essential for-
An action against the Office for Harmonisation in the Internal                                            mal provisions, e.g. Article 43
Market was brought before the Court of First Instance of the                                              (1) of Council Regulation on
European Communities on 30 December 2000 by the Institut                                                  the Community Trade Mark
für Lernsysteme, Hamburg, represented by Jörg Schneider                                               — misapplication of the prin-
of CMS Hasche Sigle Eschenlohr Peltzer Schäfer, Stuttgart                                                 ciple that the closer the goods
(Germany).                                                                                                and services are to one anoth-
                                                                                                          er, the greater the distance the
A further party to the proceedings before the Board of Appeal                                             marks must observe from one
was ELS Educational Services, Inc., Culver City, California,                                              another
United States.
The applicant claims that the Court should:
—     annul the decision of the Office dated 18.10.2000
      — R 074/2000-3 and reject the registration of the
      Community trade mark 000131276 ‘ELS’;
                                                                        Action brought on 5 January 2001 by Renco S.A. against
—     order the Office to bear the costs.                                             the Council of the European Union
                                                                                                  (Case T-4/01)
Pleas in law and main arguments
                                                                                                 (2001/C 79/45)
Applicant for the Com-        ELS Educational Services, Inc.
munity trade mark:
                                                                                           (Language of the case: French)
The trade mark con-           The verbal mark ‘ELS’ — appli-
cerned:                       cation 131276, relating to ‘edu-
                              cational textbooks and printed            An action against the Council of the European Union was
                              materials, namely student work-           brought before the Court of First Instance of the European
                              books, catalogs, teaching man-            Communities on 5 January 2001 by Renco S.A., established in
                              uals, printed instruction materials       Milan (Italy), represented by Denis Philippe, of the Luxembourg
                              and charts and booklets designed          Bar, and Francesco Apruzzi, of the Brussels Bar.
                              for students seeking to learn
                              English as a second language’ in          The applicant claims that the Court should:
                              Class 16; ‘rendering technical
                              assistance in connection with the         —     order the defendant to pay to the applicant compensation
                              establishment and/or operation of               totalling 6 863 000 euro, together with compensatory
                              language schools’ in Class 35 and               interest with effect from the date of the event giving rise
                              ‘educational services, namely pro-              to the damage — namely, 14 April 2000 — and legal
                              viding English language instruc-                interest from the date of delivery of the judgment,
                              tion’ in Class 41                               composed of:
 ---pagebreak--- C 79/26                 EN                     Official Journal of the European Communities                                     10.3.2001
       —    24 000 000 euro for loss of the chance of being               The applicant claims that the Court should:
            awarded the contract in issue;
                                                                          —     annul the decision of the appointing authority of 11 Janu-
       —    63 000 euro for the expenses and ancillary costs                    ary 2001 imposing on the applicant the disciplinary
            agreed to in the context of participation in the                    measure of downgrading from A 5 to A 6, on the same
            restricted invitation to tender;                                    step, as provided for in Article 86(2)(e) of the Staff
                                                                                Regulations;
       —    2 000 000 euro for the non-material damage suf-
            fered by the applicant;                                       —     order the Commission to compensate him for material
                                                                                and non-material damage, provisionally assessed, with all
—      order the defendant to pay all the costs.                                manner of reservations, at EUR 1 350 000;
                                                                          —     order the Commission to pay the costs.
Pleas in law and main arguments
                                                                          Pleas in law and main arguments
The applicant in the present case, the subject-matter of which
is the same as in Case T-205/00 Renco v Council (1), seeks full
compensation for the damage suffered by it as a result of the             The applicant contests the disciplinary measure imposed on
irregularities established in the award of a public contract for          him following alleged irregularities committed in the course of
general installation and maintenance works to be carried out              his duties as Head of the Delegation of the European Com-
in the buildings of the Council following the issue of invitation         mission in Bratislava (Slovak Republic).
to tender No 99/S 146-107865/FR of 30 July 1999.
                                                                          In support of his claims, he puts forward the following pleas
It is alleged that the Council has incurred liability on account          in law:
of, in particular, its failure to comply with the requirements
imposed by Directive 93/37/EEC (2), which applies to the                  —     Breach of the rights of the defence and of the disciplinary
contract in issue. The applicant also complains that the Council                procedure.
disappointed the legitimate expectations of the tenderers
concerning the selection criteria actually applied in the                 —     Lack of a statement of reasons and erroneous statement
decision-making process.                                                        of reasons.
(1) OJ C 285 of 7.10.2000, p. 19.                                         —     Manifest error of assessment of the facts giving rise to a
(2) Council Directive 93/37/EEC of 14 June 1993 concerning the                  misassessment of law.
    coordination of procedures for the award of public works
    contracts.                                                            —     Breach of the principle of proportionality.
Action brought on 26 January 2001 by Georgios S. Zavvos                   Action brought on 26 January 2001 by Petros Efthymiou
     against Commission of the European Communities                           against Commission of the European Communities
                          (Case T-21/01)                                                          (Case T-22/01)
                          (2001/C 79/46)                                                          (2001/C 79/47)
                    (Language of the case: French)                                          (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                ties was brought before the Court of First Instance of the
European Communities on 26 January 2001 by Georgios                       European Communities on 26 January 2001 by Petros Efthy-
S. Zavvos, residing in Linkebeek (Belgium), represented by                miou, residing in Luxembourg, represented by Jean-Noël Louis
Georges Vandersanden and Laure Levi, Avocats, with an                     and Véronique Peere, avocats, with an address for service in
address for service in Luxembourg.                                        Luxembourg.