CELEX: C2002/144/102
Language: en
Date: 2002-06-15 00:00:00
Title: Case T-78/02: Action brought on 19 March 2002 by Stephan-Harald Voigt against the European Central Bank

15.6.2002             EN                     Official Journal of the European Communities                                      C 144/51
The pleas and arguments invoked in the present case are                 written reprimands within the meaning of Article 43(i) of the
largely similar to those raised in case T-45/02, DOW Agro-              Conditions of Employment by a valid decision of the Executive
Sciences and DOW AgroSciences -v- European Parliament and               Board.
Council of the European Union (not yet published in the OJ).
(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 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)
Action brought on 19 March 2002 by Stephan-Harald                                          (Language of the case: Spanish)
           Voigt against the European Central Bank
                         (Case T-78/02)                                 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.
                       (2002/C 144/102)                                 of Carretera de Cartagena-La Palma, Km 2,4, Cartagena (Spain),
                                                                        represented by Patricia Koch Moreno.
                  (Language of the case: German)
                                                                        The applicant claims that the Court should:
                                                                        —     annul the decision of 16 January 2002 of the Third Board
An action against the European Central Bank was brought                       of Appeal rejecting application number 199 265 for
before the Court of First Instance of the European Communities                registration of a Community trade mark CASTILLO to
on 19 March 2002 by Stephan-Harald Voigt, residing in                         describe ‘cheeses’ falling within Class 29;
Langenselbold (Germany), represented by N. Pflüger, lawyer.
                                                                        —     declare that application number 199 265 for registration
                                                                              of a Community trade mark CASTILLO to describe
                                                                              ‘cheeses’ falling within Class 29 should be allowed;
The applicant claims that the Court should:
                                                                        —     order the defendant and, where appropriate, the inter-
—     annul the written reprimand issued to the applicant by                  vener, to pay the costs of the proceedings.
      the defendant pursuant to Article 43(i) of the Conditions
      of Employment by letter of 1 March 2002;
                                                                        Pleas in law and main arguments
—     order the defendant to pay the costs.
                                                                        Applicant for the Com-          Pedro Diaz S.A.
                                                                        munity trade mark
Pleas in law and main arguments                                         Community trade mark            CASTILLO — application no 199
                                                                        applied for Word mark:          265 for products falling within
                                                                                                        Classes 29 and 30
In support of his application, the applicant claims that the            Proprietor of the trade         Granja Castello S.A.
written reprimand is invalid on the ground that general                 mark or sign invoked in
procedural principles were not respected. The reprimand is              the opposition pro-
based on incorrect assumptions and the applicant was, inter             cedure:
alia, not granted an adequate hearing in the procedure.
Moreover, the defendant’s conduct infringes European data-              Trade mark or sign being        Word mark with graphic elements
protection rules.                                                       opposed:                        ‘EL CASTILLO’ registered for
                                                                                                        products in Class 29 and word
                                                                                                        mark with graphic elements ‘EL
The applicant also disputes that the Vice-President of the                                              CASTILLO NADO 1’ for products
defendant had been granted the general authority to decide on                                           in Class 30