CELEX: C2003/101/69
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-36/03: Action brought on 31 January 2003 by José Pedro Pessoa e Costa against Commission of the European Communities

C 101/38               EN                          Official Journal of the European Union                                         26.4.2003
Finally, the applicant alleges breach of the principle of non-             compensation for the material damage he allegedly suffered in
discrimination in that the contested decisions deprived the                the period between 1 July and 31 December 2001 and has
union of which the applicant is the secretary general of all               made the present application. In support of his arguments, he
manner of human and material resources without taking                      alleges infringement of the abovementioned article of the Staff
account of its representativeness.                                         Regulations.
Action brought on 31 January 2003 by José Pedro                            Action brought on 7 February 2003 by DaimlerChrysler
Pessoa e Costa against Commission of the European                          AG against the Office for Harmonisation in the Internal
                           Communities                                                   Market (Trade Marks and Designs)
                                                                                                     (Case T-39/03)
                          (Case T-36/03)
                                                                                                    (2003/C 101/70)
                         (2003/C 101/69)
                                                                           (Language of the case: to be determined pursuant to Article 131(2)
                    (Language of the case: French)                         of the Rules of Procedure — Language in which the application was
                                                                                                   submitted: German)
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 January 2003 by José Pedro                      Market (Trade Marks and Designs) was brought before the
Pessoa e Costa, residing in Brussels, represented by Albert                Court of First Instance of the European Communities on
Coolen, Jean-Noël Louis et Étienne Marchal, lawyers, with an               7 February 2003 by DaimlerChrysler AG, Stuttgart, Germany,
address for service in Luxembourg.                                         represented by M. Trimborn, lawyer. AXON Leasing GmbH,
                                                                           Grasbrunn, Germany, was also a party to the proceedings
                                                                           before the Board of Appeal.
The applicant claims that the Court should:
—     declare that the Commission commited an administrative               The applicant claims that the Court should:
      fault by not reinstating the applicant to the first vacancy
      at Grade A 5 commensurate with his abilities;                        —     annul the decision of the Fourth Board of Appeal of
                                                                                 4 November 2002 in appeal No R 329/2001-4 and
—     order the Commission to reconstitute his career and, in                    dismiss the appeal;
      particular, to pay him the remuneration to which he is
      entitled in respect of the period from 1 August to                   —     order the defendant Office to pay the costs.
      31 December 2001 together with default interest calcu-
      lated at the rate of 1.5 % per annum;
—     order the defendant to pay the costs.                                Pleas in law and main arguments
                                                                           Applicant for Com-             The applicant
                                                                           munity trade mark:
Pleas in law and main arguments
                                                                           Community trade mark           The word mark ‘AXOR’ for goods
                                                                           sought:                        and services in Classes 12 and 37
The applicant, an official working for the defendant, on leave                                            (automobiles and parts therefor
on personal grounds until 30 June 2001, requested his                                                     (included in Class 12) and motor
reinstatement, in accordance with Article 40(4)(d) of the Staff                                           vehicle maintenance and repair)
Regulations of officials of the European Communities. On                                                  — application No 1111061
30 May 2002, the applicant lodged a complaint claiming that
the defendant had failed to reinstate him to the first vacancy             Proprietor of mark or          AXON Leasing GmbH
corresponding to his grade and abilities. The applicant claims             sign cited in the oppo-
that that complaint was partially rejected so far as concerns              sition proceedings: