CELEX: C2002/261/36
Language: en
Date: 2002-10-26 00:00:00
Title: Case T-269/02: Action brought on 2 September 2002 by Pepsico Inc. against Office for Harmonization in the Internal Market (trade marks and designs) (OHIM)

26.10.2002            EN                      Official Journal of the European Communities                                     C 261/19
Pleas in law and main arguments                                          Pleas in law and main arguments
                                                                         Applicant for the Com-       The applicant
The applicant contests, first, the Commission’s rejection of the         munity trade mark:
applicant’s request that it institute legal proceedings with
regard to the harassment complained of. Secondly, the appli-             The Community trade          Word mark ‘RUFFLES’ — Appli-
cant contests the implied decision not to recognise the illness          mark concerned:              cation No 000096875, for goods
suffered by the applicant, following such harassment, as an                                           in Classes 29 and 30 (food and
occupational disease.                                                                                 condiments)
                                                                         Proprietor of the right to   Convent Knabber-Gebäck GmbH.
In support of the action in respect of the first act, the applicant      the trade mark or sign
alleges infringement of Article 25(2) of the Staff Regulations.          asserted by way of oppo-
In the applicant’s view, the reasons for the decision are                sition in the opposition
inconsistent.                                                            proceedings:
                                                                         Trade mark or sign           German mark ‘RIFFELS’ registered
Moreover, the applicant alleges infringement of Article 24(1)            asserted by way of oppo-     for goods in Class 29 (potato
and (2) of the Staff Regulations in that the Commission refuses          sition in the opposition     chips)
to take legal action and in that it refuses to grant the applicant       proceedings:
access to information which it has available to it regarding the
harassing conduct.                                                       Decision of the Oppo-        Application upheld as regards
                                                                         sition Division:             ‘dried vegetables’ (Class 29) and
                                                                                                      ‘fine pastry and confectionery’
In support of the action in respect of the second act, the                                            (Class 30). Application dismissed
applicant alleges infringement of Article 25(2) of the Staff                                          as regards ‘cereal preparations’
Regulations. The applicant claims not to have received any                                            (Class 30).
reasons for the implied rejection of the request submitted.
                                                                         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
Action brought on 2 September 2002 by Pepsico Inc.                                                    No 40/94, and of co-existence
against Office for Harmonization in the Internal Market                                               and comparability between Com-
              (trade marks and designs) (OHIM)                                                        munity trade marks and national
                                                                                                      trade marks
                        (Case T-269/02)
                        (2002/C 261/36)
                  (Language of the case: Spanish)
                                                                         Action brought on 4 September 2002 by Comune di
                                                                         Napoli against Commission of the European Communities
An action against Office for Harmonization in the Internal                                       (Case T-272/02)
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                                     (2002/C 261/37)
in New York (United States of America), represented by
Enrique Armijo Chávarri.
                                                                                           (Language of the case: Italian)
The applicant claims that the Court should:
                                                                         An action against the Commission of the European Communi-
—     annul decision No 114/2000-1 of the OHIM of 10 June                ties was brought before the Court of First Instance of the
      2002;                                                              European Communities on 4 September 2002 by the Munici-
                                                                         pality of Naples, represented by Massimo Merola, Claudio
—     order OHIM to pay the costs.                                       Tesauro, Giuseppe Tarallo and Edoardo Barone, lawyers.