Order of the Court of First Instance of 25 September 2002 in Case T-179/01: Dilexport SRL v Commission of the European Communities (Bananas — Regulation No 896/2001 — Action for annulment — Person individually concerned — Admissibility)
Date: 2003-01-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, import, import licence, tropical fruit

11.1.2003

EN

Official Journal of the European Communities

C 7/19

COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 25 September 2002

in Case T-178/01: Di Leonardo Adriano SRL v Com-
mission of the European Communities (1)

(Bananas — Regulation No 896/2001 — Action for annul-
ment — Person individually concerned — Admissibility)

European Communities (Agents: L. Visaggio and A. Dal Ferro)
— application for annulment of Commission Regulation (EC)
No 896/2001 of 7 may 2001 laying down detailed rules for
applying Council Regulation (EEC) No 404/93 as regards the
arrangements for importing bananas into the Community (OJ
2001 L 126, p. 19) — the Court of First Instance (Fifth
Chamber), composed of J.D. Cooke, President, and R. García-
Valdecasas and P. Lindh, Judges; H. Jung, Registrar, made an
order on 25 September 2002, in which it:

(2003/C 7/38)

(Language of the case: Italian)

1. Held the action to be inadmissible.

2. Ordered the applicant to bear the whole of the costs.

In Case T-178/01: Di Leonardo Adriano SRL, represented by
A. Bozzi, C. Gatti and B. Telchini, lawyers, against Commission
of the European Communities (Agents: L. Visaggio and A. Dal
Ferro) — application for annulment of Commission Regulation
(EC) No 896/2001 of 7 may 2001 laying down detailed rules
for applying Council Regulation (EEC) No 404/93 as regards
the arrangements for importing bananas into the Community
(OJ 2001 L 126, p. 19) — the Court of First Instance (Fifth
Chamber), composed of J.D. Cooke, President, and R. García-
Valdecasas and P. Lindh, Judges; H. Jung, Registrar, made an
order on 25 September 2002, in which it:

1. Held the action to be inadmissible;

2. Ordered the applicant to bear the whole of the costs.

( 1) OJ C 289 of 13.10.01.

(1) OJ C 289 of 13.10.01.

Action brought on 11 October 2002 by H.O. Sports
Company, Inc. against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case T-318/02)

(2003/C 7/40)

(Language of the case: English)

ORDER OF THE COURT OF FIRST INSTANCE

of 25 September 2002

in Case T-179/01: Dilexport SRL v Commission of the
European Communities (1)

(Bananas — Regulation No 896/2001 — Action for annul-
ment — Person individually concerned — Admissibility)

(2003/C 7/39)

(Language of the case: Italian)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
11 October 2002 by H.O. Sports Company, Inc., Redmond,
Washington, U.S.A., represented by Mr Fabrizio Jacobacci,
lawyer.

The applicant claims that the Court should:

— amend the decision of 17 July 2002 (File No. R 140/
2002-3) of the Third Board of Appeal of the Office for
(Trade Marks
Harmonisation in the Internal Market
and Designs) and allow the Community Trade Mark
Application to proceed to registration in connection with
the following goods:

In Case T-179/01: Dilexport SRL, represented by A. Bozzi,
C. Gatti and B. Telchini, lawyers, against Commission of the

— ‘backpacks; travel bags; duffel bags for practice of

wakeboard’ in international class 18;