Case T-289/02: Action brought on 19 September 2002 by Telepharmacy Solutions, Inc. against the Office for Harmonisation in the Internal Market (Trade, Marks and Designs)
Date: 2002-12-07
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), automatic vending machine, pharmaceutical product, storage, trade-mark law

C 305/24

EN

Official Journal of the European Communities

7.12.2002

Action brought on 19 September 2002 by Telepharmacy
Solutions, Inc. against the Office for Harmonisation in the
Internal Market (Trade, Marks and Designs)

Action brought on 25 September 2002 by Michael Kenny
against the Court of Justice of the European Communities

(Case T-289/02)

(2002/C 305/52)

(Case T-302/02)

(2002/C 305/53)

(Language of the case: English)

(Language of the case: French)

An action against the Office for the Harmonisation in the
Internal Market (Trade, Marks and Designs) was brought before
the Court of First Instance of the European Communities on
19 September 2002 by Telepharmacy Solutions, Inc., North
Billerica, Massachusetts (United States of America), represented
by Mary Medyckyj, Solicitor, and Richard Davis, Barrister.

An action against the Court of
the European
Communities was brought before the Court of First Instance
of the European Communities on 25 September 2002 by
Michael Kenny, residing at Roodt-sur-Syre, Luxembourg, rep-
resented by Georges Vandersanden and Laure Levi, lawyers.

Justice of

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the Fourth Board of Appeal dated
28 June 2002, Case No R 108/2001-4 as regards the
‘a system
following categories of goods in class 9:
for remote control electronic dispensing of packaged
pharmaceuticals comprising a storage housing from
which the packaged pharmaceutical products are stored
and dispensed, a computer connected to the dispenser,
and a communications network connecting the computer
to a remote computer’;

— annul

the decision of

the appointing authority of
11 March 2002 rejecting the application by the applicant
for post No CJ 62/01, concerning the recruitment of an
administrator (career bracket A7-A6) in the Press and
Information Division;

— annul, in so far as may be necessary, the decision of the
Complaints Committee of 25 June 2002 rejecting the
applicant’s complaint;

— order the Office to bear its own costs and pay those of

the Applicant.

— order the defendant to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Trademark concerned:

Goods or services:

Word mark TELEPHARMACY
SOLUTIONS — application
No 001400720.

System for remote controlled elec-
tronic dispensing of packaged
pharmaceutical products
com-
prising a storage housing in which
packaged pharmaceutical prod-
ucts are stored and dispensed, a
computer connected to the dis-
penser, and a communications
network connecting the computer
to a remote computer (class 9).

The applicant, an official of the Court of Justice, applied for
the post of administrator in the Press and Information
Division. The appointing authority rejected his application and
appointed another candidate to the post in question.

In support of his claim, the applicant pleads:

— failure to provide a statement of reasons, or

— at least the provision of an inadequate and erroneous

statement of reasons;

Decision
Board of Appeal:

before

the

Refusal of
Examiner.

registration by the

— non-compliance with the selection procedure;

Pleas in law:

Breach of the principle of audi
alteram partem and misinterpret-
ation of Article 7(1)(b) and (c) of
the Trade, Mark Regulation.

— infringement of Article 27 of the Staff Regulations;

— infringement of fundamental rights and of general prin-

ciples of law.