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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:
26.4.2003 EN Official Journal of the European Union C 101/39

Mark or sign cited in The German word/figurative Pleas in law and main arguments
opposition: mark ‘AXON’ (No 1108589) for
goods and services in classes 10, Applicant for Com- Applicant
12, 35 and 36 munity trade mark:

Decision of the Oppo- Rejection of the opposition Community trade mark Figurative mark ‘Julián Murúa
sition Division: sought: Entrena’ — Application
No 62.588 for products in
Decision of the Board of Annulment of the decision of the Class 33 (wines).
Appeal: Opposition Division and referral
of the case back to the Opposition Proprietor of mark or Bodegas Murúa S.A.
Division sign cited in the oppo-
sition proceedings:
Pleas in law: — There is no similarity
between the marks opposed, Mark or sign cited in Spanish trade mark ‘MURUA’
within the meaning of opposition: and international registration
Article 8(1)(b) of Regulation No 482.779 having effect in Ger-
(EC) No 40/94 (1). many, France, Austria, Switzer-
land and Benelux for products in
— There is no likelihood of Class 33.
confusion.
Decision of the Oppo- Opposition accepted.
sition Division:
( 1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 1994 L 11, p. 1). Decision of the Board of Appeal dismissed.
Appeal:

Pleas in law: Incorrect application of


Article 8(1)(b) of Regulation (EC)
No 40/94 (likelihood of con-
fusion).

Action brought on 10 February 2003 by Julián Murúa


Entrena against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

(Case T-40/03) Action brought on 10 February 2003 by La Maison de


l’Europe Avignon-Méditerranée against Commission of
the European Communities
(2003/C 101/71)

(Case T-43/03)
(Language of the case: Spanish)
(2003/C 101/72)

An action against the Office for Harmonisation in the Internal (Language of the case: French)
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
10 February 2003 by Julián Murúa Entrena, residing in El
Ciego, Álava (Spain), represented by Ignacio Temiño Ceniceros, An action against the Commission of the European Communi-
lawyer. ties was brought before the Court of First Instance of the
European Communities on 10 February 2003 by La Maison
de l’Europe Avignon-Méditerranée, established in Avignon
(France), represented by François Martineau, lawyer.
The applicant claims that the Court should:

— annul the contested decision refusing the Community The applicant claims that the Court should:
trade-mark application No 62.588 in Class 33;
— order the defendant to pay EUR 100 000 to make good
— order the parties to bear their own costs and half of the the damage suffered by La Maison de l’Europe Avignon-
common costs. Méditerranée as a result of the disclosure of deceitful,