CELEX: C2001/045/48
Language: en
Date: 2001-02-10 00:00:00
Title: Case T-362/00: Action brought on 27 November 2000 by Adolfo Kind against the Commission of the European Communities

10.2.2001             EN                       Official Journal of the European Communities                                       C 45/23
Pleas in law and main arguments                                           Pleas in law and main arguments
Trade Mark concerned:         Word mark ‘UltraPlus’ — Appli-              The applicant in this case, the same as in Case T-91/00 (1),
                              cation No. 716597                           challenges the refusal of the Settlements Office of the Joint
                                                                          Sickness Insurance Scheme in Luxembourg to reimburse sums
                                                                          incurred by him in the first half of the year 2000, on care
Product or Service:           Class 21 (plastic ovenware for              services needed by one of his sons, as assistance by medical
                              use in microwave, convection and            auxiliaries within the meaning of Paragraph 1 of Title X of
                              conventional ovens)                         Annex I to the Rules on Sickness Insurance. The Settlements
                                                                          Office authorised those services only as nursing attendance
Contested        Decision     Refusal of registration by the              within the meaning of Paragraph 2(c) and (d) of those rules.
before the Board of           examiner
Appeal:
                                                                          The pleas in law and main arguments are similar to those
Pleas in law relied on:       Infringement of Article 7 (1) (b)           raised in Case T-91/00.
                              and (c) of Regulation 40/94.
                                                                          (1) OJ C 176 of 24.6.2000, p. 24.
                                                                          Action brought on 11 December 2000 by Mário Campo-
Action brought on 27 November 2000 by Adolfo Kind                         largo against the Commission of the European Communi-
  against the Commission of the European Communities                                                     ties
                        (Case T-362/00)                                                           (Case T-372/00)
                                                                                                   (2001/C 45/49)
                         (2001/C 45/48)
                                                                                             (Language of the case: French)
                   (Language of the case: Italian)
                                                                          An action against the Commission of the European Communi-
An action against the Commission of the European Communi-                 ties was brought before the Court of First Instance of the
ties was brought before the Court of First Instance of the                European Communities on 11 December 2000 by Mário
European Communities on 27 November 2000 by Adolfo                        Campolargo, residing at Kraainem (Belgium), represented by
Kind, represented by Giuseppe Marchesini, of the Vicenza Bar,             Carlos Mourato, of the Brussels Bar.
with an address for service in Luxembourg at the chambers of
Ernest Arendt, 8-10 Rue Mathias Hardt.
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:                               —     annul the appointing authority’s decision of 15 February
                                                                                2000 annulling the appointment of the applicant as head
                                                                                of the former unit DG XIII/G/2 and his promotion to
—     annul the measures challenged for unlawful and                            grade A3, and the appointing authority’s implicit decision
      erroneous application of the system of repayment                          of 12 September 2000 giving a negative response to the
      adopted;                                                                  complaint submitted by the applicant;
—     order the Commission to carry out settlement, as in the             —     order the defendant to pay the costs pursuant to
      past, on the basis of invoices in respect of expenses for                 Article 87(2) of the Rules of Procedure of the Court of
      paramedical assistance produced by the insured;                           First Instance and the expenses necessarily incurred for
                                                                                the purposes of the proceedings, in particular the travel
                                                                                and subsistence expenses and the remuneration of law-
—     order the Commission to pay the costs.                                    yers, pursuant to Article 91(b) of those Rules.