Case T-277/02: Action brought on 9 September 2002 by Athanacia-Nancy Pascall against the Council of the European Union
Date: 2002-11-09
Institutions: Court of First Instance
Subjects: action for annulment (EU), equal treatment, power to appoint

9.11.2002

EN

Official Journal of the European Communities

C 274/35

Pleas in law and main arguments

The applicant claims that the Court should:

Applicant
munity trade mark:

for

Com-

Calpis Co, Ltd (formerly The Cal-
pis Food Industry Co, Ltd)

— annul the decision in the open competition COUNCIL/A/
393 to give her a mark less than the minimum required
for her oral test and not placing her on the reserve list;

Community trade mark Word mark ‘CALPICO’ for goods
in Classes 29, 30 and 32 —
applied for:
application No 225169

— order the defendant to pay the costs.

Owner of the opposing
trade mark or sign:

The applicant

Pleas in law and main arguments

Opposing trade mark or
sign right:

German word mark ‘CALYPSO’
for goods in Class 32

Decision of Opposition
Division:

Rejection of opposition

Decision of Board of
Appeal:

Dismissal of applicant’s appeal

Pleas in law:

— Likelihood

confusion
of
between trade marks within
of Article
the meaning
8(1)(b) of Regulation (EC)
No 40/94 (1);

— Infringement of the principle
of the right to a fair hearing.

( 1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 9 September 2002 by Athanacia-
Nancy Pascall against the Council of the European Union

(Case T-277/02)

(2002/C 274/61)

(Language of the Case: French)

In support of her action, the applicant relies on a breach of the
obligation to state the reasons on which the decision was
based. The applicant argues that the defendant ought to have
informed her of the marks that she was given in respect of the
various criteria that the selection board was required to
consider.

In addition, the applicant relies on the breach of the legal
framework constituted by the notice of open competition
COUNCIL/A/393 and the breach of the principle of equal
treatment. The applicant argues that the selection board was
bound to assess her general and professional knowledge and
qualifications in an interview in Greek. That interview was
held in other languages.

Action brought on 16 September 2002 by Degussa AG
against the Commission of the European Communities

(Case T-279/02)

(2002/C 274/62)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 September 2002 by Degussa
AG, Düsseldorf
(Germany), represented by R. Bechthold,
M. Karl and W. Berg, with an address for service in Luxem-
bourg.

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 9 September 2002 by Athanacia-Nancy
Pascall, domiciled in Brussels, represented by Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— declare the Commission Decision of 2 July 2002 (Case
C. 373519 — Methionine) void, in so far as it concerns
the applicant;