CELEX: C1999/204/94
Language: en
Date: 1999-07-17 00:00:00
Title: Case T-79/99: Action brought on 8 April 1999 by Euro-Lex European Law Expertise GmbH against the Office for Harminisation in the Internal Market (trade marks and designs)

C 204/38               EN                    Official Journal of the European Communities                                       17.7.1999
                                                       COURT OF FIRST INSTANCE
Action brought on 8 April 1999 by Euro-Lex European                     Action brought on 27 April 1999 by Adolfo Kind against
Law Expertise GmbH against the Office for Harminisation                        the Commission of the European Communities
      in the Internal Market (trade marks and designs)
                                                                                                (Case T-101/99)
                         (Case T-79/99)
                                                                                                (1999/C 204/95)
                        (1999/C 204/94)                                                    (Language of the case: Italian)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                  (Language of the Case: German)                        European Communities on 27 April 1999 by Adolfo Kind,
                                                                        represented by Giuseppe Marchesini, of the Vicenza Bar, with
                                                                        an address for service in Luxembourg at the Chambers of
An action against the Office for Harminisation in the Internal          Ernest Arendt, 8-10 Rue Mathias Hardt.
Market (trade marks and designs) was brought before the
Court of Justice of the European Communities on 8 April
                                                                        The applicant claims that the Court should:
1999 by Euro-Lex European Law Expertise GmbH, Emmerich
(FRG), represented by Eckhard Benkelberg, Rechtsanwalt, of
Benkelberg & Kollegen. Steinstraße 10, Emmerich.                        — annul the decision of the Luxembourg Claims Office of the
                                                                             Joint Sickness Insurance Scheme of 13 October 1998;
                                                                        — order the Commission to pay the costs.
The applicant claims that the Court should:
— annul the contested decision, in so far as it dismisses the           Pleas in law and main arguments
    appeal (point 3 of the operative part of the decision), and
    thereby also annul the decision rejecting the application of        The applicant, a former Commission official, challenges the
    20 May 1998 in so far as it rejects the application for             Luxembourg Claims Office’s refusal to authorise auxiliary
    registration of the trade mark under class 42 services;             medical treatment in hospital of one of his sons, made
                                                                        necessary by his mental condition.
— in the alternative, order oral proceedings to be held.
                                                                        In support of his claim, the applicant alleges infringement of
                                                                        Annex I to the common rules on sickness insurance, which
                                                                        guarantee insurance cover of the services at issue. He maintains
                                                                        in that respect that:
Pleas in law and main arguments
                                                                        — Title X of Annex I to the common rules provides that fees
    Trade Mark         con- ‘EU-LEX’ — Registration Num-                     for treatment by legally authorised medical auxiliaries is
                                                                             to be reimbursed, provided such auxiliary treatment is
    cerned:                  ber 2436
                                                                             described by the practitioner;
    Goods or services:       ‘Class 42 — Legal and tax advice
                             by the offices of the members,             — the illness in question is covered by the common rules on
                             where permitted under the law                   sickness insurance. In this case, the Commission recognised
                             applicable to the head office of the            the existence of a serious illness, giving rise to reimburse-
                             office in question’                             ment of 100 % of expenses incurred, by decision of
                                                                             19 June 1998; and
    Decision       disputed Refusal of registration by the
    before the Board of examiner                                        — the auxiliary services provided were of a medical nature,
    Appeal:                                                                  and should thus give rise to reimbursement.
    Pleas in law:            — Breach of Article 7(1)(b) of
                                  Regulation (EC) No 40/94              The applicant also pleads infringement of the duty to state
                                                                        reasons.
                             — Misapplication of Article
                                  7(1)(c) of Regulation (EC)
                                  No 40/94                              Purely in the alternative, he argues that the services in question
                                                                        fell within the scope of those which could be provided by a
                                                                        nurse.