CELEX: C2002/274/61
Language: en
Date: 2002-11-09 00:00:00
Title: Case T-277/02: Action brought on 9 September 2002 by Athanacia-Nancy Pascall against the Council of the European Union

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 for Com-             Calpis Co, Ltd (formerly The Cal-         —     annul the decision in the open competition COUNCIL/A/
munity trade mark:             pis Food Industry Co, Ltd)                      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
applied for:                   in Classes 29, 30 and 32 —                —     order the defendant to pay the costs.
                               application No 225169
Owner of the opposing          The applicant
trade mark or sign:                                                      Pleas in law and main arguments
Opposing trade mark or         German word mark ‘CALYPSO’
sign right:                    for goods in Class 32                     In support of her action, the applicant relies on a breach of the
                                                                         obligation to state the reasons on which the decision was
Decision of Opposition         Rejection of opposition                   based. The applicant argues that the defendant ought to have
Division:                                                                informed her of the marks that she was given in respect of the
                                                                         various criteria that the selection board was required to
                                                                         consider.
Decision of Board of           Dismissal of applicant’s appeal
Appeal:
                                                                         In addition, the applicant relies on the breach of the legal
Pleas in law:                  —    Likelihood of confusion              framework constituted by the notice of open competition
                                    between trade marks within           COUNCIL/A/393 and the breach of the principle of equal
                                    the meaning of Article               treatment. The applicant argues that the selection board was
                                    8(1)(b) of Regulation (EC)           bound to assess her general and professional knowledge and
                                    No 40/94 ( 1);                       qualifications in an interview in Greek. That interview was
                               —    Infringement of the principle        held in other languages.
                                    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 16 September 2002 by Degussa AG
                                                                           against the Commission of the European Communities
                                                                                                  (Case T-279/02)
Action brought on 9 September 2002 by Athanacia-                                                  (2002/C 274/62)
 Nancy Pascall against the Council of the European Union
                                                                                           (Language of the case: German)
                          (Case T-277/02)
                         (2002/C 274/61)                                 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
                   (Language of the Case: French)                        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               The applicant claims that the Court should:
Communities on 9 September 2002 by Athanacia-Nancy
Pascall, domiciled in Brussels, represented by Albert Coolen,            —     declare the Commission Decision of 2 July 2002 (Case
Jean-Noël Louis and Etienne Marchal, lawyers, with an address                  C. 373519 — Methionine) void, in so far as it concerns
for service in Luxembourg.                                                     the applicant;