CELEX: C2002/305/53
Language: en
Date: 2002-12-07 00:00:00
Title: Case T-302/02: Action brought on 25 September 2002 by Michael Kenny against the Court of Justice of the European Communities

C 305/24              EN                      Official Journal of the European Communities                                    7.12.2002
Action brought on 19 September 2002 by Telepharmacy                      Action brought on 25 September 2002 by Michael Kenny
Solutions, Inc. against the Office for Harmonisation in the              against the Court of Justice of the European Communities
         Internal Market (Trade, Marks and Designs)
                                                                                                 (Case T-302/02)
                        (Case T-289/02)
                                                                                                 (2002/C 305/53)
                        (2002/C 305/52)
                  (Language of the case: English)                                           (Language of the case: French)
An action against the Office for the Harmonisation in the                An action against the Court of Justice of the European
Internal Market (Trade, Marks and Designs) was brought before            Communities was brought before the Court of First Instance
the Court of First Instance of the European Communities on
                                                                         of the European Communities on 25 September 2002 by
19 September 2002 by Telepharmacy Solutions, Inc., North                 Michael Kenny, residing at Roodt-sur-Syre, Luxembourg, rep-
Billerica, Massachusetts (United States of America), represented         resented by Georges Vandersanden and Laure Levi, lawyers.
by Mary Medyckyj, Solicitor, and Richard Davis, Barrister.
The applicant claims that the Court should:                              The applicant claims that the Court should:
—     annul the decision of the Fourth Board of Appeal dated             —     annul the decision of the appointing authority of
      28 June 2002, Case No R 108/2001-4 as regards the                        11 March 2002 rejecting the application by the applicant
      following categories of goods in class 9: ‘a system                      for post No CJ 62/01, concerning the recruitment of an
      for remote control electronic dispensing of packaged                     administrator (career bracket A7-A6) in the Press and
      pharmaceuticals comprising a storage housing from                        Information Division;
      which the packaged pharmaceutical products are stored
      and dispensed, a computer connected to the dispenser,              —     annul, in so far as may be necessary, the decision of the
      and a communications network connecting the computer                     Complaints Committee of 25 June 2002 rejecting the
      to a remote computer’;                                                   applicant’s complaint;
—     order the Office to bear its own costs and pay those of
                                                                         —     order the defendant to pay all the costs.
      the Applicant.
Pleas in law and main arguments                                          Pleas in law and main arguments
Trademark concerned:          Word mark TELEPHARMACY
                              SOLUTIONS — application                    The applicant, an official of the Court of Justice, applied for
                              No 001400720.                              the post of administrator in the Press and Information
                                                                         Division. The appointing authority rejected his application and
Goods or services:            System for remote controlled elec-         appointed another candidate to the post in question.
                              tronic dispensing of packaged
                              pharmaceutical products com-
                              prising a storage housing in which         In support of his claim, the applicant pleads:
                              packaged pharmaceutical prod-
                              ucts are stored and dispensed, a           —     failure to provide a statement of reasons, or
                              computer connected to the dis-
                              penser, and a communications
                              network connecting the computer            —     at least the provision of an inadequate and erroneous
                              to a remote computer (class 9).                  statement of reasons;
Decision before        the    Refusal of registration by the             —     non-compliance with the selection procedure;
Board of Appeal:              Examiner.
                                                                         —     infringement of Article 27 of the Staff Regulations;
Pleas in law:                 Breach of the principle of audi
                              alteram partem and misinterpret-
                              ation of Article 7(1)(b) and (c) of        —     infringement of fundamental rights and of general prin-
                                                                               ciples of law.
                              the Trade, Mark Regulation.