Order of the President of the Court of First Instance of 6 December 2002 in Case T-275/02 R: D v European Investment Bank (Procedure for interim relief — Extension of probationary period — Admissibility of the main action — Urgency — None)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Investment Bank, action for annulment (EU), probationary period, termination of a contract, work contract

C 44/30

EN

Official Journal of the European Union

22.2.2003

established in Uelzen, Germany, represented by D. Fouquet,
Lawyer, against Commission of the European Communities
(Agents: V. Kreuschitz and J.L. Buendia Sierra) — application
for a declaration that the Commission unlawfully failed to
examine non-notified aid granted by the Federal Republic of
Germany to nuclear power station operators — the Court
of First Instance (First Chamber, Enlarged Composition),
composed of B. Vesterdorf, President, J. Azizi. R.M. Moura
Ramos, M. Jaeger and H. Legal, Judges; H. Jung, Registrar,
made an order on 27 November 2002, in which it:

Action brought on 18 November 2002 by Duarte y
Beltrán S.A. against the Office for Harmonisation in the
Internal Market (OHIM)

(Case T-353/02)

(2003/C 44/60)

1. Held that there was no need to give judgment in the action;

2. Ordered each party to bear its own costs.

(Language of
to be determined in accordance with
Article 131(2) of the Rules of Procedure — Application in Spanish)

the case:

( 1) OJ C 44 of 16.2.2002.

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 November 2002 by Duarte y
Beltrán S.A. of Santander (Spain), represented by Natalia Moya
Fernández.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The applicant claims that the Court should:

of 6 December 2002

in Case T-275/02 R: D v European Investment Bank

(Procedure for interim relief — Extension of probationary
period — Admissibility of the main action — Urgency —
None)

(2003/C 44/59)

— annul the decision of 6 August 2002 of the Second Board
of Appeal of the Office for Harmonisation in the Internal
Market (OHIM) in Case R-407/2001 and the corrigendum
of 16 September 2002 thereto;

— reject Opposition B 35073 in its entirety;

— uphold the claims of the applicant and direct the relevant
Opposition Division of OHIM to proceed to register the
mark in question;

(Language of the case: French)

— order the defendant to pay the costs.

In Case T-275/02 R: D, an agent of the European Investment
Bank, residing in Luxembourg, represented by J. Choucroun,
Lawyer, with an address for service in Luxembourg, against
European Investment Bank (Agents: J.-P. Minnaert and P. Mou-
sel) — application for suspension of operation of the decisions
of the European Investment Bank first extending the applicant’s
period of probation and second dismissing him — the
President of the Court of First Instance has made an order on
6 December 2002, in which he:

1. Dismisses the application for interim measures;

2. Orders that costs are reserved.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Duarte y Beltrán S.A.

Community trade mark
applied for:

INTEA — application no 99 747
for certain goods in classes 3, 16
and 21

Proprietor of the trade MIRATO S.p.A.
mark or sign invoked in
the
pro-
opposition
cedure: