CELEX: C2001/150/47
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court of First Instance of 13 February 2001 in Case T-2/00: N v Commission of the European Communities (Officials — Social security — Accident insurance — Article 73 of the Staff Regulations — Definition of "accident" — HIV infection)

C 150/24               EN                     Official Journal of the European Communities                                    19.5.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              G. Marenco and L. Guérin and, subsequently, Mr Marenco and
                                                                         F. Siredey-Garnier) — application for annulment of the
                      of 14 February 2001                                Commission decision of 8 March 1999 rejecting a complaint
                                                                         by the applicant based on Article 85 of the EC Treaty
                                                                         (now Article 81 EC) and on Commission Regulation (EC)
in Case T-62/99: Société de distribution de mécaniques et
                                                                         No 1475/95 of 28 June 1995 on the application of
d’automobiles (Sodima) v Commission of the European
                                                                         Article 85(3) of the Treaty to certain categories of motor
                         Communities (1)                                 vehicle distribution and servicing agreements (OJ 1995 L 145,
                                                                         p. 25) — the Court of First Instance (Second Chamber),
(Competition — Distribution of motor vehicles — Rejection                composed of J. Pirrung, President, and A. Potocki and
           of a complaint — Action for annulment)                        A.W.H. Meij, Judges; J. Palacio González, Administrator, for
                                                                         the Registrar, has given a judgment on 14 February 2001, in
                         (2001/C 150/45)                                 which it:
                                                                         1.    Dismisses the application.
                   (Language of the case: French)
                                                                         2.    Orders the applicant to pay the costs.
In Case T-62/99, Société de distribution de mécaniques et
d’automobiles (Sodima), a company in judicial liquidation,
established in Istres (France), represented by J.-C. Fourgoux,           (1) OJ C 226 of 7.8.1999.
avocat, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: initially
G. Marenco and L. Guérin and, subsequently, Mr Marenco and
F. Siredey-Garnier) — application for annulment of the
Commission decision of 5 January 1999 rejecting a complaint
by the applicant based on Article 85 of the EC Treaty (now
Article 81 EC) — the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, and A. Potocki and
A.W.H. Meij, Judges; J. Palacio González, Administrator, for
the Registrar, has given a judgment on 14 February 2001, in                  JUDGMENT OF THE COURT OF FIRST INSTANCE
which it:
                                                                                               of 13 February 2001
1.    Dismisses the application.
2.    Orders the applicant to pay the costs.                             in Case T-2/00: N v Commission of the European Com-
                                                                                                     munities (1)
(1) OJ C 160 of 5.6.1999.
                                                                         (Officials — Social security — Accident insurance —
                                                                         Article 73 of the Staff Regulations — Definition of ‘accident’
                                                                                                 — HIV infection)
                                                                                                  (2001/C 150/47)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                            (Language of the case: French)
                      of 14 February 2001
in Case T-115/99: Système européen promotion (SEP)                       In Case T-2/00: N, an official of the Commission of the
   SARL v Commission of the European Communities (1)                     European Communities, residing in Brussels, represented by
                                                                         J.-L. Dupont and M.-A. Lucas, avocats, with an address for
                                                                         service in Luxembourg, against Commission of the European
(Competition — Distribution of motor vehicles — Rejection
                                                                         Communities (Agents: G. Valsesia and J. Currall) — application
           of a complaint — Action for annulment)
                                                                         for annulment of the refusal of the Commission to recognise
                                                                         as an accident, within the meaning of Article 73 of the Staff
                         (2001/C 150/46)                                 Regulations of the officials of the European Communities and
                                                                         Article 2 of the Rules on protection against the risk of
                                                                         occupational disease and of accident, infection of the applicant
                   (Language of the case: French)                        by the human immunodeficiency virus (HIV) and a claim for
                                                                         damages — the Court of First Instance (Fifth Chamber),
In Case T-115/99, Système européen promotion (SEP) SARL,                 composed of P. Lindh, President, R. Garcı́a-Valdecasas and
established in Saint- Vit (France), represented by J.-C. Fourgoux,       J.D. Cooke, Judges; Blanca Pastor, Principal Administrator,
avocat, with an address for service in Luxembourg, against               for the Registrar, gave a judgment on 13 February 2001, in
Commission of the European Communities (Agents: initially                which it:
 ---pagebreak--- 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