Source: EURLEX
Language: en
Format: md

26.10.2002 EN Official Journal of the European Communities C 261/19

_Pleas in law and main arguments_

The applicant contests, first, the Commission’s rejection of the
applicant’s request that it institute legal proceedings with
regard to the harassment complained of. Secondly, the applicant contests the implied decision not to recognise the illness
suffered by the applicant, following such harassment, as an
occupational disease.

In support of the action in respect of the first act, the applicant
alleges infringement of Article 25(2) of the Staff Regulations.
In the applicant’s view, the reasons for the decision are
inconsistent.

Moreover, the applicant alleges infringement of Article 24(1)
and (2) of the Staff Regulations in that the Commission refuses
to take legal action and in that it refuses to grant the applicant
access to information which it has available to it regarding the
harassing conduct.

In support of the action in respect of the second act, the
applicant alleges infringement of Article 25(2) of the Staff
Regulations. The applicant claims not to have received any
reasons for the implied rejection of the request submitted.

**Action brought on 2 September 2002 by Pepsico Inc.**
**against Office for Harmonization in the Internal Market**
**(trade marks and designs) (OHIM)**

**(Case T-269/02)**

(2002/C 261/36)

_(Language of the case: Spanish)_

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
2 September 2002 by Pepsico Inc., whose registered office is
in New York (United States of America), represented by
Enrique Armijo Chávarri.

The applicant claims that the Court should:

—
annul decision No 114/2000-1 of the OHIM of 10 June
2002;

—
order OHIM to pay the costs.

_Pleas in law and main arguments_

Applicant for the Com- The applicant
munity trade mark:

The Community trade Word mark ‘RUFFLES’ — Applimark concerned: cation No 000096875, for goods
in Classes 29 and 30 (food and
condiments)

Proprietor of the right to Convent Knabber-Gebäck GmbH.
the trade mark or sign
asserted by way of opposition in the opposition
proceedings:

Trade mark or sign German mark ‘RIFFELS’ registered
asserted by way of oppo- for goods in Class 29 (potato
sition in the opposition chips)
proceedings:

Decision of the Oppo- Application upheld as regards
sition Division: ‘dried vegetables’ (Class 29) and
‘fine pastry and confectionery’
(Class 30). Application dismissed
as regards ‘cereal preparations’
(Class 30).

Decision of the Board of Appeal dismissed.
Appeal:

Grounds of claim: Breach of the principles that the
rights of the defence are to be
observed and that reasons must
be provided, in accordance with
Articles 73 and 74 of Regulation
No 40/94, and of co-existence
and comparability between Community trade marks and national
trade marks

**Action brought on 4 September 2002 by Comune di**
**Napoli against Commission of the European Communities**

**(Case T-272/02)**

(2002/C 261/37)

_(Language of the case: Italian)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 4 September 2002 by the Municipality of Naples, represented by Massimo Merola, Claudio
Tesauro, Giuseppe Tarallo and Edoardo Barone, lawyers.