Orders nº T-159/97 of Court of First Instance of the European Communities, June 19, 1997

• Resolution Date: June 19, 1997
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-159/97

ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE

19 June 1997 (1) (Office for Harmonization in the Internal Market (trade marks and designs) - Decision of the President of the Office concerning the organisation of the Boards of Appeal - Risk of harm in the event of delay - None)

In Case T-159/97 R,

Luis Manuel Chaves Fonseca Ferrão, a member of the First Board of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs), residing in Campello, Alicante (Spain), represented by Roland Assa, of the Luxembourg Bar, with an address for service in Luxembourg at the latter's Chambers, 1 Rue Jean-Pierre Brasseur,

applicant,

v

Office for Harmonization in the Internal Market (trade marks and designs), represented by Oreste Montalto, Director of its Legal Department, and João Paulo Miranda de Sousa, of its Legal Department, acting as Agents, with an address for service in Luxembourg at the office of Carlos Gómez de la Cruz, of the Legal Service of the Commission of the European Communities, Wagner Centre, Kirchberg,

defendant,

APPLICATION for suspension of the operation of Decision ADM-97-3 of the President of the Office for Harmonization in the Internal Market (trade marks and designs) of 21 February 1997 concerning the organisation of the Boards of Appeal,

THE PRESIDENT OF THE COURT OF FIRST INSTANCE

OF THE EUROPEAN COMMUNITIES

makes the following

Order

Facts and procedure

1.

The Office for Harmonization in the Internal Market (trade marks and designs) ('the Office‘) was established by Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1). The composition and organisation of the Office are more specifically governed by Title XII (Articles 111 to 139) of that regulation.

2.

The Office has several Boards of Appeal which are responsible for deciding on appeals from certain decisions taken by the Office. Each Board of Appeal consists of one chairman and two members. Provision was made for the setting up of three Boards of Appeal in the initial period.

3.

Article 119(2)(a) of Regulation No 40/94 provides that the President of the Office, who is responsible for its management, is to 'take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Office‘.

4.

On the basis of the abovementioned provision, the President of the Office adopted on 21 February 1997 Decision ADM-97-3 concerning the organisation of the Boards of Appeal ('the contested decision‘). Article 2 of that decision provides:

'1. The Vice-President for Legal Affairs shall be the immediate superior of the chairmen of the Boards of Appeal.

2. The chairmen of the Boards of Appeal shall be the immediate superiors of the members of the Boards of Appeal to which they are designated. Where a member is designated to more than one Board of Appeal, the immediate superior shall be the chairman of the Board of the principal assignment.‘

5.

By request dated 6 March 1997, the applicant, a member of the first Board of Appeal of the Office since 1 February 1996, asked the Commission of the European Communities to examine the legality of the contested decision, pursuant to Article 118 of Regulation No 40/94. By decision of 18 April 1997, communicated to the applicant by letter SG(97)D/3132 of 23 April 1997, the Commission rejected the request as inadmissible.

6.

By memorandum of 22 April 1997 the applicant lodged a complaint with the President of the Office, as appointing authority, under Article 90(2) of the Staff Regulations of Officials...