Case T-362/00: Action brought on 27 November 2000 by Adolfo Kind against the Commission of the European Communities
Date: 2001-02-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment, dependant, health expenditure, social-security benefit

10.2.2001

EN

Official Journal of the European Communities

C 45/23

Pleas in law and main arguments

Pleas in law and main arguments

Trade Mark concerned:

Word mark ‘UltraPlus’ — Appli-
cation No. 716597

Product or Service:

Class 21 (plastic ovenware for
use in microwave, convection and
conventional ovens)

Contested
before
Appeal:

Decision
the Board of

Refusal of
examiner

registration by the

Pleas in law relied on:

Infringement of Article 7 (1) (b)
and (c) of Regulation 40/94.

The applicant in this case, the same as in Case T-91/00 (1),
challenges the refusal of the Settlements Office of the Joint
Sickness Insurance Scheme in Luxembourg to reimburse sums
incurred by him in the first half of the year 2000, on care
services needed by one of his sons, as assistance by medical
auxiliaries within the meaning of Paragraph 1 of Title X of
Annex I to the Rules on Sickness Insurance. The Settlements
Office authorised those services only as nursing attendance
within the meaning of Paragraph 2(c) and (d) of those rules.

The pleas in law and main arguments are similar to those
raised in Case T-91/00.

(1) OJ C 176 of 24.6.2000, p. 24.

Action brought on 27 November 2000 by Adolfo Kind
against the Commission of the European Communities

Action brought on 11 December 2000 by Ma´rio Campo-
largo against the Commission of the European Communi-
ties

(Case T-362/00)

(2001/C 45/48)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 November 2000 by Adolfo
Kind, represented by Giuseppe Marchesini, of the Vicenza Bar,
with an address for service in Luxembourg at the chambers of
Ernest Arendt, 8-10 Rue Mathias Hardt.

The applicant claims that the Court should:

— annul

the measures

erroneous application of
adopted;

challenged for unlawful
the system of

and
repayment

(Case T-372/00)

(2001/C 45/49)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 December 2000 by Ma´rio
Campolargo, residing at Kraainem (Belgium), represented by
Carlos Mourato, of the Brussels Bar.

The applicant claims that the Court should:

— annul the appointing authority’s decision of 15 February
2000 annulling the appointment of the applicant as head
of the former unit DG XIII/G/2 and his promotion to
grade A3, and the appointing authority’s implicit decision
of 12 September 2000 giving a negative response to the
complaint submitted by the applicant;

— order the Commission to carry out settlement, as in the
past, on the basis of invoices in respect of expenses for
paramedical assistance produced by the insured;

— order the Commission to pay the costs.

— order

the defendant

to pay the costs pursuant

to
Article 87(2) of the Rules of Procedure of the Court of
First Instance and the expenses necessarily incurred for
the purposes of the proceedings, in particular the travel
and subsistence expenses and the remuneration of law-
yers, pursuant to Article 91(b) of those Rules.