CELEX: C2000/135/25
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-24/00: Action brought on 9 February 2000 by The Sunrider Corporation, a company registered in the USA, against the Office for Harmonisation in the Internal Market (OHIM)

13.5.2000              EN                     Official Journal of the European Communities                                      C 135/13
Pleas in law and main arguments                                          Pleas in law relied on:        — Infringement of Article 7(1)
                                                                                                           (b) and (c) of Regulation
The applicants state that, in its judgment of 30 September                                                 No 40/94;
1998 in Case T-154/96 Chvatal and Others v Court of Justice,                                            — VITALITE has already been
the Court of First Instance annulled the decisions of the Court                                            accepted in 15 European
of Justice rejecting the applicants’ requests for the entry of                                             countries;
their names on the list of persons having manifested their                                              — the contested decision also
interest in being the subject of a decision terminating their                                              infringes first Council Direc-
service, as provided for by Council Regulation No 2688/95 of                                               tive     No. 89/104/EEC     of
17 November 1995 introducing special measures to terminate                                                 21 December       1988      to
the service of officials of the European Communities as a result                                           approximate the laws of the
of the accession of Austria, Finland and Sweden.                                                           Member States relating to tra-
                                                                                                           de marks.
However, in the decision contested in the present case, the
administrative authority of the Court of Justice refused to take
any steps to comply with the said judgement, contrary to
Article 233 EC.
                                                                         Action brought on 15 February 2000 by the Staff Com-
                                                                         mittee of the European Central Bank, Johannes Priese-
                                                                         mann, Marc van de Velde and Maria Concetta Cerafogli
Action brought on 9 February 2000 by The Sunrider                                     against the European Central Bank
Corporation, a company registered in the USA, against
the Office for Harmonisation in the Internal Market
                                                                                                  (Case T-27/00)
                              (OHIM)
                          (Case T-24/00)                                                         (2000/C 135/26)
                         (2000/C 135/25)
                                                                                           (Language of the case: English)
                   (Language of the case: English)                       An action against the European Central Bank was brought
                                                                         before the Court of First Instance of the European Communities
An action against the Office for Harmonisation in the Internal           on 15 February 2000 by the Staff Committee of the European
Market was brought before the Court of First Instance of the             Central Bank, Johannes Priesemann, Marc van de Velde and
European Communities on 9 February 2000 by The Sunrider                  Maria Concetta Cerafogli, represented by Norbert Pflüger,
Corporation, represented by Axel Kockläuner of Meissner,                 Regina Steiner and Silvia Mittländer, with an address for
Bolte & Partner, Widenmayerstrasse 48, Munich, Germany.                  service in Luxembourg at the Chambers of Aloys Schiltz, c/o
                                                                         Association Luxembourgeoise des Employées des Banque et
                                                                         d’Assurance a.s.b.l, 29, avenue Monterey.
The applicant claims that the Court should:
— annul Decision R 137/1999-2 of 6 December 1999 in so                   The applicant claims that the Court should:
    far as the said decision dismissed the applicant’s appeal;
                                                                         — order the defendant to cease and desist from deriving the
— order the defendant to bear the costs.                                     rights or obligations of its staff from Administrative
                                                                             Circular 11/98 concerning ECB Internet usage policy,
                                                                             dated 12 November 1998 (the ‘Administrative Circular’);
Pleas in law and main arguments adduced in support
                                                                         — order the defendant to withdraw the Administrative Circu-
Trade mark concerned:           VITALITE                                     lar and inform in writing the staff of the ECB about this
                                                                             withdrawal;
Product of service:             Goods in international classes 5,
                                29 and 32 of the Nice Classifi-          — order the defendant to cease and desist from adopting
                                cation                                       rules addressed to its staff as a collective and intended to
                                                                             govern the behaviour thereof without these rules being
Decision contested be-          Rejection of registration by the             consulted with the Staff Committee, as demanded by
fore the Board of Ap-           Examination Division                         Article 46 of the Conditions of Employment for Staff of
peal:                                                                        the European Central Bank (‘CoE’);