CELEX: C2001/150/48
Language: en
Date: 2001-05-19 00:00:00
Title: 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)

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 Euro-
                                                                            pean 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
                          (2001/C 150/48)                                   on 13 March 2001, in which it:
                                                                            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 regis-
tered 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 González,
Administrator, for the Registrar, has given a judgment on
31 January 2001, in which it:                                               in Case T-144/00: Daniela Tirelli v European Parliament (1)
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
      half of its own costs.                                                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
(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