Source: EURLEX
Language: en
Format: md

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)**

**(Case T-289/02)**

(2002/C 305/52)

_(Language of the case: English)_

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.

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
following categories of goods in class 9: ‘a system
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’;

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

_Pleas in law and main arguments_

Trademark concerned: Word mark TELEPHARMACY
SOLUTIONS — application
No 001400720.

Goods or services: System for remote controlled electronic dispensing of packaged
pharmaceutical products comprising a storage housing in which
packaged pharmaceutical products are stored and dispensed, a
computer connected to the dispenser, and a communications
network connectingthe computer
to a remote computer (class 9).

Decision before the Refusal of registration by the
Board of Appeal: Examiner.

Pleas in law: Breach of the principle of audi
alteram partem and misinterpretation of Article 7(1)(b) and (c) of
the Trade, Mark Regulation.

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

**(Case T-302/02)**

(2002/C 305/53)

_(Language of the case: French)_

An action against the Court of Justice 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, represented by Georges Vandersanden and Laure Levi, lawyers.

The applicant claims that the Court should:

—
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 defendant to pay all the costs.

_Pleas in law and main arguments_

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;

—
non-compliance with the selection procedure;

—
infringement of Article 27 of the Staff Regulations;

—
infringement of fundamental rights and of general principles of law.