Judgment of the Court of First Instance of 13 February 2001 in Case T-2/00: N v Commission of the European Communities (Officials — Social security — Accident insurance — Article 73 of the Staff Regulations — Definition of "accident" — HIV infection)
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), damages, occupational disease

C 150/24

EN

Official Journal of the European Communities

19.5.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 February 2001

in Case T-62/99: Société de distribution de mécaniques et
d’automobiles (Sodima) v Commission of the European
Communities (1)

(Competition — Distribution of motor vehicles — Rejection
of a complaint — Action for annulment)

(2001/C 150/45)

(Language of the case: French)

In Case T-62/99, Société de distribution de mécaniques et
d’automobiles (Sodima), a company in judicial
liquidation,
established in Istres (France), represented by J.-C. Fourgoux,
avocat, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially
G. Marenco and L. Guérin and, subsequently, Mr Marenco and
F. Siredey-Garnier) — application for annulment of
the
Commission decision of 5 January 1999 rejecting a complaint
by the applicant based on Article 85 of the EC Treaty (now
Article 81 EC) — the Court of First Instance (Second Chamber),
composed of
J. Pirrung, President, and A. Potocki and
A.W.H. Meij, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 14 February 2001, in
which it:

1. Dismisses the application.

2. Orders the applicant to pay the costs.

(1) OJ C 160 of 5.6.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 February 2001

in Case T-115/99: Système européen promotion (SEP)
SARL v Commission of the European Communities (1)

(Competition — Distribution of motor vehicles — Rejection
of a complaint — Action for annulment)

(2001/C 150/46)

(Language of the case: French)

In Case T-115/99, Système européen promotion (SEP) SARL,
established in Saint- Vit (France), represented by J.-C. Fourgoux,
avocat, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially

G. Marenco and L. Guérin and, subsequently, Mr Marenco and
F. Siredey-Garnier) — application for annulment of
the
Commission decision of 8 March 1999 rejecting a complaint
by the applicant based on Article 85 of
the EC Treaty
(now Article 81 EC) and on Commission Regulation (EC)
No 1475/95 of 28 June 1995 on the application of
Article 85(3) of the Treaty to certain categories of motor
vehicle distribution and servicing agreements (OJ 1995 L 145,
p. 25) — the Court of First Instance (Second Chamber),
composed of
J. Pirrung, President, and A. Potocki and
A.W.H. Meij, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 14 February 2001, in
which it:

1. Dismisses the application.

2. Orders the applicant to pay the costs.

(1) OJ C 226 of 7.8.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 13 February 2001

in Case T-2/00: N v Commission of the European Com-
munities (1)

(Officials — Social security — Accident insurance —
Article 73 of the Staff Regulations — Definition of ‘accident’
— HIV infection)

(2001/C 150/47)

(Language of the case: French)

In Case T-2/00: N, an official of the Commission of the
European Communities, residing in Brussels, represented by
J.-L. Dupont and M.-A. Lucas, avocats, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: G. Valsesia and J. Currall) — application
for annulment of the refusal of the Commission to recognise
as an accident, within the meaning of Article 73 of the Staff
Regulations of the officials of the European Communities and
Article 2 of the Rules on protection against the risk of
occupational disease and of accident, infection of the applicant
by the human immunodeficiency virus (HIV) and a claim for
damages — the Court of First Instance (Fifth Chamber),
composed of P. Lindh, President, R. Garcı´a-Valdecasas and
J.D. Cooke, Judges; Blanca Pastor, Principal Administrator,
for the Registrar, gave a judgment on 13 February 2001, in
which it:

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