Order of the Court of First Instance of 24 October 2001 in Case T-352/00: Andrew M. Rosemarine v Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) (Temporary staff — Recruitment — Age limit — Rejection of application — Action for damages — Inadmissibility — Action manifestly lacking any foundation in law)
Date: 2002-02-02
Institutions: Court of First Instance
Subjects: EU office or agency, appeal to the Court (EU), competition (EU), distribution by age

C 31/10

EN

Official Journal of the European Communities

2.2.2002

ORDER OF THE COURT OF FIRST INSTANCE

of 19 September 2001

in Case T-226/00: Nan Ya Plastics Corporation v Council
of the European Union (1)

(Action for annulment — Retrospective amendment of the
contested act — Case not proceeding to judgment)

(2002/C 31/19)

(Language of the case: English)

In Case T-226/00: Nan Ya Plastics Corporation, established in
Taiwan (Republic of China), represented by P. De Baere, lawyer,
with an address for service in Luxembourg, against Council of
the European Union (Agents: S. Marquardt and G. Berrisch) —
application for the annulment of Council Regulation (EC)
No 978/2000 of 8 May 2000 imposing a definitive
countervailing duty on imports of synthetic fibres of polyester
originating in Australia, Indonesia and Taiwan and collecting
definitively the provisional duty imposed (OJ 2000 L 113,
p. 1) — the Court of First Instance (Fifth Chamber, Extended
Composition), composed of P. Lindh, President, R. Garcı´a-
Valdecasas, J.D. Cooke, M. Vilaras and N.J. Forwood, Judges;
H. Jung, Registrar, made an order on 19 September 2001, the
operative part of which is as follows:

1.

2.

3.

There is no need to adjudicate on the application.

There is no need to give a decision on the application for leave
to intervene submitted by the Commission.

The defendant shall pay the costs.

(1) OJ C 316, 4.11.2000.

ORDER OF THE COURT OF FIRST INSTANCE

with an address for service in Luxembourg, against Council of
the European Union (Agents: S. Marquardt and G. Berrisch) —
application for the annulment of Council Regulation (EC)
No 978/2000 of 8 May 2000 imposing a definitive
countervailing duty on imports of synthetic fibres of polyester
originating in Australia, Indonesia and Taiwan and collecting
definitively the provisional duty imposed (OJ 2000 L 113,
p. 1) — the Court of First Instance (Fifth Chamber, Extended
Composition), composed of P. Lindh, President, R. Garcı´a-
Valdecasas, J.D. Cooke, M. Vilaras and N.J. Forwood, Judges;
H. Jung, Registrar, made an order on 19 September 2001, the
operative part of which is as follows:

1.

2.

3.

There is no need to adjudicate on the application.

There is no need to give a decision on the application for leave
to intervene submitted by the Commission.

The defendant shall pay the costs.

(1) OJ C 316, 4.11.2000.

ORDER OF THE COURT OF FIRST INSTANCE

of 24 October 2001

in Case T-352/00: Andrew M. Rosemarine v Office for
Harmonization in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Temporary staff — Recruitment — Age limit — Rejection
of application — Action for damages — Inadmissibility —
Action manifestly lacking any foundation in law)

of 19 September 2001

(2002/C 31/21)

in Case T-227/00: Far Eastern Textiles Ltd v Council of
the European Union (1)

(Language of the case: English)

(Action for annulment — Retrospective amendment of the
contested act — Case not proceeding to judgment)

(2002/C 31/20)

(Language of the case: English)

In Case T-227/00: Far Eastern Textiles Ltd, established in
Taiwan (Republic of China), represented by P. De Baere, lawyer,

In Case T-352/00: Andrew M. Rosemarine, residing in Salford
(United Kingdom), represented initially by J. Davies and
subsequently by S. Whale, lawyers, against Office for Harmon-
ization in the Internal Market (Trade Marks and Designs)
(OHIM) (Agents: O. Montalto and F. Casertano) — application
for compensation for the damage allegedly suffered by the
applicant by reason of the rejection of his application for a
post of English-language lawyer-linguist — the Court of First
Instance (Fourth Chamber), composed of M. Vilaras, President,

2.2.2002

EN

Official Journal of the European Communities

C 31/11

V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, made an
order on 24 October 2001, the operative part of which is as
follows:

ORDER OF THE COURT OF FIRST INSTANCE

of 19 October 2001

1.

2.

The application is dismissed.

The parties shall bear their own costs.

(1) OJ C 61, 24.2.2001.

in Case T-121/01: Laurent Piau v Commission of the
European Communities (1)

(Action for failure to act — Communication under Article 6
of Regulation No 2542/98 — Taking of position bringing
infringement to an end — No need to adjudicate)

(2002/C 31/23)

(Language of the case: French)

ORDER OF THE COURT OF FIRST INSTANCE

of 19 September 2001

in Case T-83/01: Merck KGaA v Office for Harmonisation
(Trade Marks and Designs)
in the Internal Market

(OHIM) (1)

In Case T-121/01: Laurent Piau, residing in France, represented
by M. Fauconnet,
lawyer, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agent: E. Gippini Fournier) — application for a declaration
that the Commission refrained, contrary to the Treaty, from
ruling on a complaint concerning alleged infringements of
Article 81 EC — the Court of First Instance (First Chamber),
composed of B. Vesterdorf, President, N.J. Forwood and
H. Legal,
Jung, Registrar, made an order on
19 October 2001, the operative part of which is as follows:

Judges; H.

(Community trade mark — Irregularity of the application
— Inadmissibility)

1.

2.

There is no need to adjudicate on the action.

The parties shall bear their own costs.

(2002/C 31/22)

(Language of the case: English)

(1) OJ C 227, 11.8.2001.

In Case T-83/01: Merck KGaA, having its registered office in
Darmstadt, Germany, against Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) — action
brought against Decision R 299/2000-3 of the Third Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 31 January 2001 concerning the
registration of the term ‘OSTEOCALCIUM’ as a Community
trade mark — the Court of First Instance (Second Chamber),
composed of A. W. H. Meij, President, A. Potocki and J. Pirrung,
Judges; H. Jung, Registrar, has made an order on 19 September
2001, the operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The applicant shall bear its own costs.

(1) OJ C 173 of 16.6.01.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 September 2001

in Case T-138/01 R: F v Court of Auditors of the European
Communities

(Application for interim measures — Officials — Decision
to reassign — Urgency — Balance of interests)

(2002/C 31/24)

(Language of the case: French)

In Case T-138/01 R: F, residing in Luxembourg, represented by
P. Goergen, lawyer, with an address for service in Luxembourg,
against Court of Auditors of the European Communities