Judgment of the Court of First Instance of 5 June 2002 in Case T-198/00: Hershey Foods Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark "Kiss device with plume" — Right to be heard — Article 73 of Regulation (EC) No 40/94 — Prior registration of the mark in certain Member States)
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), confectionery, firm governed by commercial law

10.8.2002

EN

Official Journal of the European Communities

C 191/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 June 2002

in Case T-198/00: Hershey Foods Corporation v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Figurative mark ‘Kiss device
with plume’ — Right to be heard — Article 73 of Regulation
(EC) No 40/94 — Prior registration of the mark in certain
Member States)

(2002/C 191/42)

(Language of the case: English)

Pennsylvania

(United States),

In Case T-198/00, Hershey Foods Corporation, established in
Hershey,
represented by
R. Wyand, lawyer, with an address for service in Luxembourg,
v Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. von Mühlendahl, J. Miranda
de Sousa and A. Di Carlo): Action brought against the decision
of the Third Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 29 May
2000 (Case R 391/1999-3), the Court of First Instance (Second
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-
rung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 5 June 2002, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 302 of 21.10.2000.

ORDER OF THE COURT OF FIRST INSTANCE

of 29 April 2002

in Case T-339/00: Bactria Industriehygiene-Service Ver-
waltungs GmbH v Commission of the European Com-
munities (1)

(Regulation (EC) No 1896/2000 — Directive 98/8/EC —
Biocidal products — Action for annulment — Inadmissibility
— Person individually concerned)

(2002/C 191/43)

(Language of the case: English)

In Case T-339/00: Bactria Industriehygiene-Service Verwal-
tungs GmbH, established in Kirchheimbolanden (Germany),
lawyers,
represented by K. Van Maldegem and C. Mereu,

with an address for service in Luxembourg, supported by
Eurobrom BV, established in Rijswijk (Netherlands), Lonza
GmbH, established in Wuppertal (Germany), Arch Chemi-
cals SA, established in Paris, Troy Chemical Company BV,
established in Maassluis (Netherlands), represented by K. Van
Maldegem and C. Mereu, lawyers, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: R. Wainwright and L. Ström) — application
for annulment of Commission Regulation (EC) No 1896/2000
of 7 September 2000 on the first phase of the programme
referred to in Article 16(2) of Directive 98/8/EC of
the
European Parliament and of the Council on biocidal products
Instance
(OJ 2000 L 228, p. 6) — the Court of First
(Second Chamber), composed of R.M. Moura Ramos, President,
J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, has
made an order on 29 April 2002, the operative part of which
is as follows:

1.

2.

3.

The action is dismissed as being inadmissible.

the
The applicant shall pay its own costs and those of
Commission, including those relating to the proceedings for
interim measures, but with the exception of those attributable
to the interventions.

The interveners shall pay their own costs, and shall jointly and
severally pay those incurred by the defendant as a result of their
interventions.

(1) OJ C 4 of 6.1.2001.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 May 2002

in Case T-18/01 Anthony Goldstein v Commission of the
European Communities (1)

(Application initiating proceedings — Formal requirements
— Competition — Rejection of complaint — Action mani-
festly inadmissible or manifestly unfounded)

(2002/C 191/44)

(Language of the case: English)

In Case T-18/01 Anthony Goldstein, residing at Harrow,
Middlesex (United Kingdom), represented by R. St.
John
Murphy, Solicitor, against Commission of the European Com-
the
munities (Agent: P. Oliver), action for annulment of
Commission’s decision of 12 January 2001 rejecting the
applicant’s complaint concerning the alleged infringement of