Order of the Court of First Instance of 27 May 2002 in Case T-18/01 Anthony Goldstein v Commission of the European Communities (Application initiating proceedings — Formal requirements — Competition — Rejection of complaint — Action manifestly inadmissible or manifestly unfounded)
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for annulment (EU), capacity to exercise rights, lawyer, vocational training

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

C 191/26

EN

Official Journal of the European Communities

10.8.2002

Articles 81 and 82 EC by the General Council of the Bar of
England and Wales — the Court of First Instance (Fourth
Chamber), composed of: M. Vilaras, President, V. Tiili and
P. Mengozzi, Judges; H. Jung: Registrar, has made an order in
which it:

1. Dismisses the application.

2. Orders the applicant to bear his own costs, incurred both in
these proceedings and in the proceedings for interim relief in
Cases T-18/01 R and T-18/01 R III, and pay the costs
incurred by the Commission in these proceedings and in the
proceedings for interim relief in Case T-18/01 R.

(1) OJ C 108 of 7.4.2001.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 7 May 2002

in Case T-306/01 R Abdirisak Aden and Others v Council
of the European Union and Commission of the European
Communities

(Proceedings for interim measures — Common foreign
and security policy — Sanctions against the Taliban of
Afghanistan — Freezing of funds — Urgency)

(2002/C 191/46)

(Language of the case: Swedish)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 19 February 2002

in Case T-302/01 R: Gerhard Birkhoff v Commission of
the European Communities

(Procedure for interim relief — Officials — Dependent child
allowance — Suspension of operation of a measure —
Urgency — None)

(2002/C 191/45)

(Language of the case: Italian)

In Case T-302/01 R: Gerhard Birkhoff, a former official of
the Commission of the European Communities, residing at
Weitnau (Germany), represented by V. Salvatore, lawyer, v
Commission of the European Communities (Agents: J. Currall
and A. Dal Ferro) — application for suspension of operation
of the Commission’s decision of 26 September 2001 rejecting
the complaint lodged by the applicant, and of the decision of
4 July 2001 by which the Commission suspended payment to
the applicant of the dependent child allowance in favour of his
daughter — the President of the Court of First Instance made
an order on 19 September 2002, the operative part of which
is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

In Case T-306/01 R: Abdirisak Aden, resident in Spånga
(Sweden), Abdulaziz Ali, resident in Järfälla (Sweden), Ahmed
Yusuf, resident in Spånga, Al Barakaat International Foun-
dation, established in Spånga, represented by L. Silbersky and
T. Olsson, lawyers, against Council of the European Union
(Agents: M. Vitsentzatos and I. Rådestad) and Commission of
the European Communities (Agents: A. Van Solinge and
J. Enegren) — application for suspension of the implemen-
tation of Council Regulation (EC) No 467/2001 of 6 March
2001 prohibiting the export of certain goods and services to
Afghanistan, strengthening the flight ban and extending the
freeze of funds and other financial resources in respect of the
Taliban of Afghanistan, and repealing Regulation (EC) No 337/
2000 (OJ 2001 L 67, p. 1) and of Commission Regulation (EC)
No 2199/2001 of 12 November 2001 amending, for the
fourth time, Regulation No 467/2001 (OJ 2001 L 295, p. 16)
in so far as they apply to the applicants, until there has been a
ruling on the substance — the President of the Court of First
Instance has made an order on 7 May 2002, the operative part
of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

Action brought on 9 May 2002 by Villiger Söhne GmbH
against the Council of the European Union

(Case T-154/02)

(2002/C 191/47)

(Language of the case: German)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 9 May 2002 by Villiger Söhne GmbH,
Waldshut-Tiengen (Germany), represented by B. Wägenbaur,
lawyer.