Judgment of the Court of First Instance of 31 January 2001 in Case T-24/00: The Sunrider Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Term VITALITE — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 40/94)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: EU office or agency, action for annulment (EU), brand name, domestic market

19.5.2001

EN

Official Journal of the European Communities

C 150/25

1.

2.

dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

orders each of the parties to bear its own costs.

of 13 March 2001

(1) OJ C 79 of 18.3.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 January 2001

in Case T-24/00: The Sunrider Corporation v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Term VITALITE — Absolute
ground for refusal — Article 7(1)(c) of Regulation (EC) No
40/94)

(2001/C 150/48)

(Language of the case: English)

In Case T-24/00: The Sunrider Corporation, having its regis-
tered office in Torrance, California, United States of America,
represented by A. Kockläuner, Rechtsanwalt, Munich, with
an address for service in Luxembourg, against Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) (Agents: C. Rusconi and G. Humphreys) —
application brought against the decision of the Second Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 26 November 1999
(Case R 137/1999-2) concerning the registration of the term
VITALITE as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A. Potocki and A.W.H. Meij,
J. Palacio Gonza´lez,
Administrator, for the Registrar, has given a judgment on
31 January 2001, in which it:

Judges;

1. Annuls the decision of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 26 November 1999 (Case R 137/1999-2) in
respect of the following goods: ‘food for babies’ and ‘mineral
and aerated waters’;

2. Dismisses the application as to the remainder;

3. Orders the applicant to bear its own costs and to pay one half
of the defendant’s costs; orders the defendant to bear the other
half of its own costs.

(1) OJ C 135 of 13.5.00.

in Case T-116/00: Benthe Hørbye-Möller v Commission
of the European Communities (1)

(Officials — Promotion — Examine of comparative merits
— Action for annulment)

(2001/C 150/49)

(Language of the case: French)

In Case T-116/00: Benthe Hørbye-Möller, an official of the
Commission of the European Communities, residing in Igel
(Germany), represented by Louis Tinti, avocat, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agent: C. Berardis-Kayser) — application
for annulment of the appointing authority’s decision not to
promote the applicant to Grade B2 in the 1999 promotions
procedure — the Court of First
Instance (Single Judge:
J.D. Cooke); D. Christensen, for the Registrar, gave a judgment
on 13 March 2001, in which it:

1.

2.

dismisses the application;

orders each of the parties to bear its own costs.

(1) OJ C 192 of 8.7.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 February 2001

in Case T-144/00: Daniela Tirelli v European Parliament (1)

(Officials — Upgrading — Secretarial allowances —
Article 46 of the Staff Regulations — Transfer between
institutions — Inadmissibility)

(2001/C 150/50)

(Language of the case: French)

In Case T-144/00: Daniela Tirelli, official of the European
Parliament, residing in Dahlem (Luxembourg), represented by
G. Vogel and F. Burg, avocats, with an address for service in
Luxembourg, against European Parliament (Agents: H. von
Hertzen and Y. Pantalis) — application, first, for the annulment
of
the
secretarial allowance to the applicant and, secondly, seeking

the Parliament refusing to grant

the decision of