Pleas in law and main arguments:
Applicant for Com-munity trade mark:The applicant.Community trade marksought:Three-dimensional mark ‘ARTHURET FELICIE’ — ApplicationNo 0373787.Goods or services: Goods in Classes 16, 24 and 25.Proprietor of mark orsign cited in opposition:L.T.J. Diffusion.Mark or sign cited inopposition:National trade mark ‘ARTHUR’ forClass 25 (clothing).Decision of the Opposi-tion Division:Rejection of the opposition.Decision of the Boardof Appeal:Annulment of the decision of theOpposition Division.Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC) No 40/94.
Action brought on 17 August 2004 by Pascal Millotagainst the Commission of the European Communities(Case T-347/04)
(2004/C 262/104)
(Language of the case: French)
An action against the Commission of the European Commu-nities was brought before the Court of First Instance of theEuropean Communities on 17 August 2004 by Pascal Millot,resident in Brussels, represented by Sébastien Orlandi, AlbertCoolen, Jean-Noël Louis and Etienne Marchal, lawyers, with anaddress for service in Luxembourg.The applicant claims that the Court should:— annul the Commission's decision of 11 September 2003definitively setting the applicant's grading at the first step inGrade A6;— order the Commission to pay the costs.
Pleas in law and main arguments
In support of his action, the applicant argues that the contesteddecision infringes the second paragraph of Article 32 of theStaff Regulations and the principle of equal treatment and non-discrimination, since it was taken without considering theoption of allowing him additional seniority in his grade onaccount of his training and professional experience prior to hisrecruitment.
Action brought on 20 August 2004 by Société Internatio-nale de Diffusion et d'Édition against the Commission of the European Communities(Case T-348/04)
(2004/C 262/105)
(Language of the case: French)
An action against the Commission of the European Commu-nities was brought before the Court of First Instance of theEuropean Communities on 20 August 2004 by Société Interna-tionale de Diffusion et d'Édition (SIDE), established in Vitry-sur-Seine (France), represented by Nicole Coutrelis and ValérieGiacobbo, lawyers, with an address for service in Luxembourg.The applicant claims that the Court should:— annul Article 1, last sentence, of the Commission decisionof 20 April 2004 concerning the implementation by Franceof aid in favour of the Coopérative d'Exportation du livrefrançais (CELF);— in the alternative, annul Article 1, last sentence, of the deci-sion insofar as it declares the aid compatible before 1994or, alternatively, 1997 or 1999;— in the further alternative, annul Article 1, last sentence, of the decision insofar as it declares the aid compatible before1 November 1993;— order the Commission to pay the costs.
Pleas in law and main arguments:
The applicant is an export agency for French-language books.In 1992, it lodged a complaint with the Commission relatingto aid paid since 1977 by the French Government to theCoopérative d'Exportation du Livre Français (CELF). TheCommission adopted decisions pursuant to that complaint.Those decisions were annulled by judgments of 18 September1995 in Case T-49/93 and of 28 February 2002 in Case T-155/98. Further to the second judgment, the Commissionadopted a third decision which is challenged in this action.23.10.2004 C 262/57Official Journal of the European Union
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