Case T-78/02: Action brought on 19 March 2002 by Stephan-Harald Voigt against the European Central Bank
Date: 2002-06-15
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), administrative sanction, personnel administration

15.6.2002

EN

Official Journal of the European Communities

C 144/51

The pleas and arguments invoked in the present case are
largely similar to those raised in case T-45/02, DOW Agro-
Sciences and DOW AgroSciences -v- European Parliament and
Council of the European Union (not yet published in the OJ).

written reprimands within the meaning of Article 43(i) of the
Conditions of Employment by a valid decision of the Executive
Board.

(1) Directive 2000/60/EC of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (OJ L 327,
22.12.2000, p. 1)

Action brought on 19 March 2002 by Stephan-Harald
Voigt against the European Central Bank

(Case T-78/02)

(2002/C 144/102)

(Language of the case: German)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 19 March 2002 by Stephan-Harald Voigt, residing in
Langenselbold (Germany), represented by N. Pflüger, lawyer.

The applicant claims that the Court should:

— annul the written reprimand issued to the applicant by
the defendant pursuant to Article 43(i) of the Conditions
of Employment by letter of 1 March 2002;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims that the
written reprimand is invalid on the ground that general
procedural principles were not respected. The reprimand is
based on incorrect assumptions and the applicant was, inter
alia, not granted an adequate hearing in the procedure.
Moreover, the defendant’s conduct infringes European data-
protection rules.

The applicant also disputes that the Vice-President of the
defendant had been granted the general authority to decide on

Action brought on 23 March 2002 by Pedro Diaz S.A.
against the Office for Harmonisation in the Internal
Market

(Case T-85/02)

(2002/C 144/103)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 23 March 2002 by Pedro Diaz S.A.
of Carretera de Cartagena-La Palma, Km 2,4, Cartagena (Spain),
represented by Patricia Koch Moreno.

The applicant claims that the Court should:

— annul the decision of 16 January 2002 of the Third Board
of Appeal rejecting application number 199 265 for
registration of a Community trade mark CASTILLO to
describe ‘cheeses’ falling within Class 29;

— declare that application number 199 265 for registration
of a Community trade mark CASTILLO to describe
‘cheeses’ falling within Class 29 should be allowed;

— order the defendant and, where appropriate, the inter-

vener, to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark

Pedro Diaz S.A.

Community trade mark
applied for Word mark:

CASTILLO — application no 199
265 for products falling within
Classes 29 and 30

Proprietor of the trade
mark or sign invoked in
the
pro-
opposition
cedure:

Granja Castello S.A.

Trade mark or sign being Word mark with graphic elements
‘EL CASTILLO’
registered for
opposed:
products in Class 29 and word
mark with graphic elements ‘EL
CASTILLO NADO 1’ for products
in Class 30