Source: EURLEX
Language: en
Format: md

19.5.2001 EN Official Journal of the European Communities C 150/25

1. _dismisses the application;_ **JUDGMENT OF THE COURT OF FIRST INSTANCE**

2. _orders each of the parties to bear its own costs._ **of 13 March 2001**

( [1] ) OJ C 79 of 18.3.00. **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)
**JUDGMENT OF THE COURT OF FIRST INSTANCE**

_(Language of the case: French)_
**of 31 January 2001**

In Case T-116/00: Benthe Hørbye-Möller, an official of the
**in Case T-24/00: The Sunrider Corporation v Office for**
Commission of the European Communities, residing in Igel
**Harmonisation in the Internal Market (Trade Marks and**
(Germany), represented by Louis Tinti, avocat, with an address
**Designs) (OHIM)** ( [1] )
for service in Luxembourg, against Commission of the European Communities (Agent: C. Berardis-Kayser) — application
_**(Community trade mark — Term VITALITE — Absolute**_ for annulment of the appointing authority’s decision not to
_**ground for refusal — Article 7(1)(c) of Regulation (EC) No**_ promote the applicant to Grade B2 in the 1999 promotions
_**40/94)**_ 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:
(2001/C 150/48)

1. _dismisses the application;_

_(Language of the case: English)_
2. _orders each of the parties to bear its own costs._

In Case T-24/00: The Sunrider Corporation, having its registered office in Torrance, California, United States of America, ( [1] ) OJ C 192 of 8.7.00.
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 **JUDGMENT OF THE COURT OF FIRST INSTANCE**
VITALITE as a Community trade mark — the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President, **of 22 February 2001**
A. Potocki and A.W.H. Meij, Judges; J. Palacio Gonza´lez,
Administrator, for the Registrar, has given a judgment on
**in Case T-144/00: Daniela Tirelli v European Parliament** ( [1] )
31 January 2001, in which it:

1. _Annuls the decision of the Second Board of Appeal of the Office_ _**(Officials — Upgrading — Secretarial allowances —**_
_for Harmonisation in the Internal Market (Trade Marks and_ _**Article 46 of the Staff Regulations — Transfer between**_
_Designs) of 26 November 1999 (Case R 137/1999-2) in_ _**institutions — Inadmissibility)**_
_respect of the following goods: ‘food for babies’ and ‘mineral_
_and aerated waters’;_
(2001/C 150/50)

2. _Dismisses the application as to the remainder;_
_(Language of the case: French)_
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_
In Case T-144/00: Daniela Tirelli, official of the European
_half of its own costs._
Parliament, residing in Dahlem (Luxembourg), represented by
G. Vogel and F. Burg, avocats, with an address for service in
( [1] ) OJ C 135 of 13.5.00. Luxembourg, against European Parliament (Agents: H. von
Hertzen and Y. Pantalis) — application, first, for the annulment
of the decision of the Parliament refusing to grant the
secretarial allowance to the applicant and, secondly, seeking