CELEX: C2000/063/57
Language: en
Date: 2000-03-04 00:00:00
Title: Case T-339/99: Action brought on 26 November 1999 by V.O.F. Achten against the Commission of the European Communities

4.3.2000              EN                      Official Journal of the European Communities                                        C 63/29
Action brought on 26 November 1999 by V.O.F. Achten                      The applicant claims that the Court should:
  against the Commission of the European Communities
                                                                         — annul the Commission’s decision refusing to annul, on
                                                                             account of sickness, the annual leave taken by the applicant
                        (Case T-339/99)                                      from 4 August 1988 to 1 September 1988;
                         (2000/C 63/57)                                  — order the defendant to pay the costs.
                                                                         Pleas in law and main arguments
                   (Language of the case: Dutch)
                                                                         The applicant contests the Commission’s decision refusing to
An action against the Commission of the European Communi-                allow him to recoup all of the days of leave corresponding to
ties was brought before the Court of First Instance of the               the period covered by the medical certificates produced by
European Communities on 26 November 1999 by                              him to prove that he was absent on account of sickness whilst
V.O.F. Achten, of Arcen (Netherlands), represented by                    he was on leave.
M.J.C. Deriks, of the Rotterdam Bar.
                                                                         He asserts, first, that the Commission challenged the medical
The applicant claims that the Court should:                              certificates produced without undertaking a medical examin-
                                                                         ation to check the validity of each of them, thereby disregarding
(a) annul the Commission’s decision [C(1999) 2539 final] (1)             the provisions of Article 59(1) and (3) of the Staff Regulations
    of 20 July 1999 concerning State aid granted by the                  of officials.
    Netherlands to 633 service stations in the region bordering
    Germany;                                                             He further considers that the Commission has failed to comply
                                                                         with its obligation to provide a statement of reasons and to
(b) order the Commission to pay the costs.                               observe the principle of the right to a fair hearing, inasmuch
                                                                         as it has provided no medical information enabling the
                                                                         applicant or his doctor to understand and, where appropriate,
Pleas in law and main arguments                                          to rebut the reasons which prompted the institution’s medical
                                                                         officer to challenge the certificate of 4 August 1998, which
                                                                         was the only one in respect of which a medical examination
The pleas in law and main arguments are the same as in Cases             was carried out to check its validity.
T-273/99 to T-278/99.
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                         Action brought on 2 December 1999 by Harbinger
                                                                         Corporation against the Office for Harmonization in the
                                                                                                  Internal Market
                                                                                                  (Case T-345/99)
Action brought on 1 December 1999 by Francisco Javier
Rémon Galar against the Commission of the European
                                                                                                   (2000/C 63/59)
                          Communities
                        (Case T-341/99)                                                     (Language of the case: English)
                         (2000/C 63/58)                                  An action against the Office for Harmonization in the Internal
                                                                         Market (OHIM) was brought before the Court of First Instance
                                                                         of the European Communities on 2 December 1999 by
                                                                         Harbinger Corporation, a corporation having its registered
                   (Language of the case: French)                        office in the USA, represented by Robert Collin and Mary-Clau-
                                                                         de Mitchell, with an address for service in Luxembourg at the
An action against the Commission of the European Communi-                Chambers of Nicolas Decker, 16 avenue Marie-Thérèse.
ties was brought before the Court of First Instance of the
European Communities on 1 December 1999 by Francisco                     The applicant claims that the Court should:
Javier Rémon Galar, residing in Brussels, represented by
Jean-Noël Louis, Greta-Françoise Parmentier and Véronique                — reverse the Board of Appeal’s decision in that it concluded
Peere, of the Brussels Bar, with an address for service in                   that the trade mark did not comply with the provisions of
Luxembourg at the offices of Société de Gestion Fiduciaire, 2-4              Article 7, paragraph 1, subparagraph b of Regulation
Rue Beck.                                                                    No 40/94;