Order of the President of the Court of First Instance of 9 August 2001 in Case T-120/01 R: Carlo De Nicola v European Investment Bank (Procedure for interim relief — Suspension from duties — Fumus boni juris — Urgency — None)
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Investment Bank, European official, action for annulment (EU), dismissal, equal treatment, promotion

22.12.2001

EN

Official Journal of the European Communities

C 369/13

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

Pleas in law and main arguments

of 9 August 2001

in Case T-120/01 R: Carlo De Nicola v European Invest-
ment Bank

(Procedure for interim relief — Suspension from duties —
Fumus boni juris — Urgency — None)

The pleas in law and main arguments are the same as those
in Case T-216/01 (ReiseBank AG v Commission, not yet
published).

(2001/C 369/20)

(Language of the case: Italian)

Action brought on 18 September 2001 by Alcon Univer-
sal Ltd against the Office for Harmonisation in the Internal
Market

In Case T-120/01 R: Carlo De Nicola, residing in Rome,
represented by L. Isola, avocat, against European Investment
Bank (Agents: C. Go´ mez de la Cruz and C. Camilli) —
application for suspension of the operation of a number of
measures adopted by the EIB concerning the applicant — the
President of the Court of First Instance has made an order on
9 August 2001, in which he:

1. Dismissed the application for interim relief;

2. Ordered that the costs be reserved.

Action brought on 24 September 2001 by the Commerz-
bank AG against the Commission of the European Com-
munities

(Case T-219/01)

(2001/C 369/21)

(Language of the case: German)

(Case T-237/01)

(2001/C 369/22)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 18 September 2001 by Alcon
Universal Ltd, represented by Hamish Porter of Theodore
Goddard, London (United Kingdom).

A further party to the proceedings before the Board of Appeal
was Dr. Robert Winzer Pharma GmbH.

The applicant claims that the Court should:

— .annul the decision of 18 July 2001 of the Board of
Appeal in case R0273/2000-1 and require the Office to
refuse the cancellation of the Community trade mark.

— order the Office to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2001 by Commerz-
bank AG, Frankfurt am Main (Germany), represented by
H. Satzky and B. Maassen, Rechtsanwälte.

Pleas in law and main arguments

Proprietor of the Com-
munity trade mark:

Alcon Universal Ltd.

The applicant claims that the Court should:

— annul the Commission Decision of 17 August 2001 in
Case COMP/E-1/37.919 addressed to the applicant relat-
ing to the refusal of a supplementary request to see
documents;

— order the Commission to pay the costs.

The Community trade
mark concerned:

word mark ‘BSS’ for certain goods
in class 5 (registration no 90134)

Applicant for the declar-
ation for invalidity:

Dr Robert Winzer Pharma GmbH.

Decision of the Cancel-
lation Division:

Invalidity of the Community trade
mark