Judgment of the Court of First Instance of 19 September 2001 in Case T-26/00: Lecureur S.A. v Commission of the European Communities (Commission Regulation No 2519/97 — Food aid — Arbitration clause — Contractual nature of the dispute — Non-conformity of the goods delivered — Thefts from warehouses — Transfer of the burden of risk — Deductions from payments)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), contract terms, maize, payment

5.1.2002

EN

Official Journal of the European Communities

C 3/25

Brussels, represented by R. Garcı´a-Gallardo and G. Pérez Olmo,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and J. Rivas Andrés) — application for annulment of the
decision of the Commission of 26 February 1999 withdrawing
the applicant’s expatriation allowance and withholding from
her remuneration the amounts paid to her in that respect —
the Court of First Instance (Fifth Chamber), composed of
P. Lindh, President, R. Garcı´a-Valdecasas and J.D. Cooke,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
gave a judgment on 20 September 2001, in which it:

1.

2.

3.

annuls the decision of the Commission of 26 February 1999;

dismisses as inadmissible the claim that
the Court make
an appropriate order requiring the Commission to fulfil its
obligations under Article 233 EC;

orders the Commission to bear its own costs and pay those of
the applicant.

(1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 September 2001

in Case T-26/00: Lecureur S.A. v Commission of the
European Communities (1)

(Commission Regulation No 2519/97 — Food aid — Arbi-
tration clause — Contractual nature of the dispute — Non-
conformity of the goods delivered — Thefts from warehouses
— Transfer of the burden of risk — Deductions from
payments)

(2002/C 3/41)

(Language of the case: French)

1. Orders the Commission to pay the applicant

the sum of
EUR 109 921, together with post-maturity interest calculated
in accordance with Article 18(7) of Commission Regulation
(EC) No 2519/97 of 16 December 1997 laying down general
rules for the mobilisation of products to be supplied under
Council Regulation (EC) No 1292/96 as Community food aid,
as from 6 May 1999 until the debt is paid in full;

2. Orders the Commission to pay the costs.

(1) OJ C 122 of 29.4.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 September 2001

in Case T-30/00: Henkel KGaA v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

(Community trade mark — Tablet for washing machines or
dishwashers — Figurative mark — Absolute ground for
refusal — Article 7(1)(b) of Regulation (EC) No 40/94)

(2002/C 3/42)

(Language of the case: German)

In Case T-30/00: Henkel KGaA, established in Düsseldorf
(Germany), represented by H.F. Wissel and C. Osterrieth,
lawyers, with an address for service in Luxembourg, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
nen and S. Laitinen) — application brought against
the
decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 25 November 1999 (Case R 75/1999-3), which
was notified to the applicant on 10 December 1999 — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 19 September 2001, in which it:

In Case T-26/00: Lecureur S.A., established in Paris (France),
represented by L. Funck-Brentano and J. Villette, lawyers, with
an address for service in Luxembourg, against Commission of
the European Communities (Agent: P. Oliver) — application
for an order for payment of sums withheld by the Commission
when paying the balance for a supply of food aid — the Court
of First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
has given a judgment on 19 September 2001, in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 135 of 13.5.2000.