Order of the Court of First Instance of 27 November 2002 in Case T-291/01: Dessauer Versorgungs- und Verkehrsgesellschaft mbH and Others v Commission of the European Communities (Actions for failure to act — Action devoid of purpose — No need to give judgment — Payment of costs)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for failure to act, electrical industry, nuclear power station

22.2.2003

EN

Official Journal of the European Union

C 44/29

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 4 November 2002

of 18 November 2002

in Case T-190/99 DEP: Sniace SA v Commission of the
European Communities (1)

in Case T-90/99: Salzgitter AG v Commission of the
European Communities (1)

(ECSC — State aid — Decision to initiate the procedure
provided for in Article 6(5) of Decision 2496/96/ECSC —
No need to adjudicate)

(Taxation of costs)

(2003/C 44/57)

(Language of the case: Spanish)

(2003/C 44/56)

(Language of the case: German)

In Case T-90/99: Salzgitter AG, established in Salzgitter
(Germany), represented by J. Sedemund,
lawyer, with an
address for service in Luxembourg, against Commission of
the European Communities (Agents: D. Triantafyllou and
P. Nemitz) — application for the annulment of Commission
Decision SG (99) D/1542 of 3 March 1999 to initiate the
procedure provided for under Article 6(5) of Commission
Decision No 2496/96/ECSC of 18 December 1996 establishing
Community rules for State aid to the steel industry (OJ 1996
L 338, p. 42) with regard to aid under the German Zonal
Border Development Areas Act to Salzgitter AG, Preussag
Stahl AG and iron and steel subsidiaries of the ‘SAG — Stahl
und Technologie’ Group (OJ 1999 C 113, p. 9) — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of V. Tiili, President,
J. Pirrung, P. Mengozzi,
A.W.H. Meij and M. Vilaras, Judges; H. Jung, Registrar, made
an order on 4 November 2002, the operative part of which is
as follows:

In Case T-190/99 DEP: Sniace SA, established in Madrid,
represented by J.L. Baró Fuentes, M.A. Gómez de Liaño y
Botella and F. Rodriguez Carretero, Lawyers, against Com-
mission of the European Communities (Agents: G. Rozet and
J.L. Buendia Sierra) — application for taxation of the costs to
be paid by the defendant to the applicant following the order
of the President of the Fifth Chamber, Enlarged Composition,
of the Court of First Instance of 4 April 2001 in Case T-190/
99 Sniace v Commission — the Court of First Instance (Fifth
Chamber), composed of M.R. García-Valdecasas, President,
and P. Lindh. R.M. Moura Ramos, J.D. Cooke and H. Legal,
Judges; H. Jung, Registrar, has made an order on 18 November
2002, in which it:

Fixes the total costs to be paid by the Commission to the applicant in
Case T-199/99 at EUR 14 300.

(1) OJ C 333 of 20.11.1999.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 November 2002

in Case T-291/01: Dessauer Versorgungs- und Verkehrsge-
sellschaft mbH and Others v Commission of the European
Communities (1)

1.

There is no longer any need to adjudicate on the application.

(Actions for failure to act — Action devoid of purpose — No
need to give judgment — Payment of costs)

2.

Each of the parties will bear its own costs.

( 1) OJ C 174 of 19.6.1999.

(2003/C 44/58)

(Language of the case: German)

In Case T-291/01: Dessauer Versorgungs- und Verkehrsge-
sellschaft mbH, a company established in Dessau, Germany,
Neubrandenburger Stadtwerke GmbH, established in Neu-
brandenburg, Germany, Stadtwerke Tübingen GmbH, estab-
lished in Tübingen, Germany, Stadtwerke Uelzen GmbH,

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: