Anda di halaman 1dari 1

C 246/38 EN Official Journal of the European Communities 28.8.

1999

Decision contested Refusal of registration by the Decision contested Refusal of registration by the
before the Board of examiner before the Board of examiner
Appeal: Appeal:
Grounds for action: — Infringement of Article Grounds for action: — Infringement of Article 7(1)(b)
7(1)(b)of Regulation (EC) No of Regulation (EC) No 40/94
40/94 — Misapplication of Article
— Misapplication of Article 7(1)(c) of Regulation (EC) No
7(1)(c) of Regulation (EC) No 40/94.
40/94.

Action brought on 1 June 1999 by Taurus-Film GmbH & Action brought on 3 June 1999 by Natalia Martinez
Co. against the Office for Harmonisation in the Internal Paramo and Others against the Commission of the Euro-
Market (Trade Marks and Designs) pean Communities

(Case T-136/99) (Case T-137/99)

(1999/C 246/76) (1999/C 246/77)

(Language of the case: German) (Language of the case: French)

An action against the Office for Harmonisation in the Internal


Market (Trade Marks and Designs) was brought before the An action against the Commission of the European Communi-
Court of First Instance of the European Communities on 1 ties was brought before the Court of First Instance of the
June 1999 by Taurus-Film GmbH & Co., whose registered European Communities on 3 June 1999 by Natalia Martinez
office is in Unterföhring (Germany), represented by Büsing, Paramo and 33 Others, represented by Eric Boigelot, of the
Muffelmann & Theye, Rechtsanwälte, Bremen, with an address Brussels Bar, with an address for service in Luxembourg at the
for service in Luxembourg at the Chambers of Loesch and Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim.
Wolter, 11 Rue Goethe.
The applicants claim that the Court should:
The applicant claims that the Court should:
— annul the decision of Roger Fry, the head of unit DG IX,
1. Set aside the defendant’s decision of 19 March 1999 and sent to the applicants on 23 March 1999 and giving them
order the defendant: notice of the termination of their contracts as of 30 June
1999, and declare void the expiry date of 30 June 1999
(a) to permit registration of Community trade mark fixed for each applicant’s contract;
application No 400481 in respect of all provisions of
services of Classes 38, 41 and 42 for which registration — annul, in so far as is necessary, the legal characterisation of
is still refused (as shown in the index in Annex K 2); the applicants’ contracts, in that each applicant’s contract
and is in fact a renewal for an unlimited period of a contract
awarded under Article 2(a) of the conditions of employ-
(b) refund the appeal fee to the applicant. ment of other servants (hereinafter ‘the conditions’);

2. Order the defendant to pay the costs of the current dispute — order the defendant to pay the costs.
and the necessary expenses of the applicant for the
procedure before the Board of Appeal.

Pleas in law and main arguments


Pleas in law and main arguments
The applicants, who have already brought an action for the
Trade mark: Word ‘Cine Comedy’ — Appli- annulment of the procedures and tests for the internal
cation No 404053 competitions COM/T/A/2/98 and COM/T/B/2/98 (1), now chal-
lenge the termination on 30 June 1999 of their contracts as
Goods or services: ‘Parts of the services in Classes 38, temporary staff, notified to them by letter of the head of unit
41, 42’ DG IX of 23 March 1999.