Order of the President of the Court of First Instance of 28 May 2001 in Case T-53/01 R: Poste Italiane SpA v Commission of the European Communities (Applications for interim relief — Article 86 EC in conjunction with Article 82 EC — Article 86(2) EC — Postal services — Urgency — Balancing of interests)
Date: 2001-10-27
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), postal service

27.10.2001

EN

Official Journal of the European Communities

C 303/17

European Agricultural Guidance and Guarantee Fund (EAGGF)
(OJ 2000 L 180, p. 49) to the extent that that decision excludes
from that financing expenditure declared by the Irish accredited
paying agency in respect of afforestation aid — the Court of
First Instance (Third Chamber), composed of J. Azizi, President,
K. Lenaerts and M. Jaeger, Judges; H. Jung, Registrar, has made
an order on 25 April 2001, the operative part of which is as
follows:

2.

3.

4.

The request submitted by Poste Italiane SpA and by the
Commission for confidential treatment is granted with regard
to the interlocutory proceedings.

The application for interim relief is dismissed.

Costs are reserved.

1.

2.

3.

The application is dismissed as manifestly inadmissible.

The applicant shall bear its own costs and shall pay those of
the Commission.

Ireland shall bear its own costs.

(1) OJ C 355 of 9.12.00.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 28 May 2001

in Case T-53/01 R: Poste Italiane SpA v Commission of
the European Communities

(Applications for interim relief — Article 86 EC in conjunc-
tion with Article 82 EC — Article 86(2) EC — Postal
services — Urgency — Balancing of interests)

(2001/C 303/29)

(Language of the case: Italian)

In Case T-53/01 R: Poste Italiane SpA, established in Rome,
represented by Gian Michele Roberti, Petrus Mathijsen, Ales-
sandra Perrazzelli, Elisabetta Rubini and Andrea Sandulli,
lawyers, with an address for service in Luxembourg, against
the Commission of
the European Communities (Agents:
L. Pignataro and K. Wiedner) — application for suspension of
operation
of Commission Decision 2001/176/EC of
to
21 December 2000 concerning proceedings pursuant
Article 86 of the EC Treaty in relation to the provision of
certain new postal services with a guaranteed day- or time-
certain delivery in Italy (OJ 2001 L 63, p. 59) — the President
of the Court of First Instance made an order on 28 May 2001,
the operative part of which is as follows:

Action brought on 18 July 2001 by Laboratorios R.T.B.,
S.L. against Office for the Harmonization of the Internal
Market (trade marks and designs) (OHIM)

(Case T-162/01)

(2001/C 303/30)

(Language of the case: Spanish)

An action against Office for Harmonization in the Internal
Market (trade marks and designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 July 2001 by Laboratorios R.T.B., S.L., whose registered
office is in Bigues i Riells (Spain), represented by Arturo Canela
Giménez.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of the
Office for the Harmonization of the Internal Market
(trade marks and designs) (OHIM) of 30 April 2001 in
Case R 122/2000-1 Giorgio Beverly Hills v Giorgi and
Others, on the ground that the disputed Community trade
mark number 417709 Giorgio Beverly Hills may not be
registered pursuant to Article 8(1)(b) of Regulation (EC)
No 40/94;

— declare Community trade mark number 417709 Giorgio
Beverly Hills invalid or, if appropriate, refuse it regis-
tration;

— order the Office to pay the costs.

Pleas in law and main arguments

Proprietor of the Com-
munity trade mark:

Giorgio Beverly Hills, Inc.

The Community trade Word mark ‘GIORGIO BEVERLY
HILLS’ — Application No 417709
mark concerned:
for goods in Class 3

1.

Recapitalia Consorzio Italiano delle Agenzie di Recapito
Licenziatarie del Ministero delle Comunicazioni and TNT Post
Groep NV are granted leave to intervene in Case T-53/01 R in
support of the form of order sought by the Commission.

Applicant

Proprietor of the right to
the trade mark or sign
asserted by way of oppo-
sition in the opposition
proceedings: