Order of the Court of First Instance of 3 February 2003 in Case T-253/02: Chafiq Ayadi v Council of the European Union and Commission of the European Communities (Action for annulment — Council Regulation — Action brought against the Council and the commission — Partial inadmissibility)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: abuse of power, action for annulment (EU), administrative sanction, foreign capital, international sanctions, terrorism, trade restriction

C 101/34

EN

Official Journal of the European Union

26.4.2003

(Belgium), represented by M. van Dam, Avocat, against the
Commission of the European Communities (Agents: H. van
Vliet and W. Wils) — application for the annulment of
Commission Decision SG (2001) D/286098 of 9 February
2001, whereby the Commission rejected the application by
the applicant for exclusion of the boat Arizona from the scope
of Council Regulation (EC) No 718/1999 of 29 March 1999
on a Community-fleet capacity policy to promote inland
waterway transport (OJ 1999 L 90, p. 1) — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, has made an
order on 13 December 2002, in which it:

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 31 January 2003

in Case T-224/02 R: Miguel Forcat Icardo v Commission
of the European Communities

(Proceedings for interim measures — Officials — Inadmissi-
bility — Urgency — No urgency)

1) Declares that there is no further need to adjudicate;

2) Orders the Commission to pay the costs.

( 1) OJ C 186, 30.6.2001.

ORDER OF THE COURT OF FIRST INSTANCE

of 11 February 2003

in Case T-83/02: Jan Pflugradt v European Central Bank (1)

(Staff of the European Central Bank — Formal warning —
Measure having an adverse effect — Pre-litigation procedure
— Inadmissibility)

(2003/C 101/62)

(Language of the case: German)

In Case T-83/02: Jan Pflugradt, residing in Frankfurt-am-Main
(Germany), represented by N. Pflüger, Rechtsanwalt, with an
address for service in Luxembourg, against European Central
Bank (Agents: V. Saintot, T. Gilliams and B. Wägenbaur) —
application for the annulment of the letter of 28 February
2002 by which the European Central Bank informed the
applicant that a formal-warning procedure was being instituted
against him — the Court of First Instance (Fifth Chamber),
composed of: R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; H. Jung, Registrar, has made an order on
11 February 2003, the operative part of which is as follows:

1.

2.

The application is inadmissible.

Each party shall bear its own costs.

( 1) OJ C 118 of 18.5.2002.

(2003/C 101/63)

(Language of the case: French)

In Case T-224/02 R: Miguel Forcat Icardo, an official of
the Commission of the European Communities, residing in
Brussels, represented by M.A. Lucas, avocat, against Com-
mission of the European Communities (Agents: J. Currall and
H. Tserepa-Lacombe) — application, essentially, in the first
place, for compliance with the Commission’s undertaking to
second the applicant to the United Nations Organisation for
Food and Agriculture in Rome and, second, for suspension of
the applicant’s staff report of 18 March 2002 covering the
period from 1999 to 2001 — the President of the Court of
First Instance has made an order on 31 January 2003, the
operative part of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

ORDER OF THE COURT OF FIRST INSTANCE

of 3 February 2003

in Case T-253/02: Chafiq Ayadi v Council of the European
Union and Commission of the European Communities (1)

(Action for annulment — Council Regulation — Action
brought against the Council and the commission — Partial
inadmissibility)

(2003/C 101/64)

(Language of the case: English)

In Case T-253/02: Chafiq Ayadi, residing in Dublin, represent-
ed by A. Lyon, Solicitor, and S. Cox, Barrister, against Council
of the European Union (Agents: M. Vitsentzatos and M. Bishop)
and Commission of
the European Communities (Agents:
M. Wilderspin and C. Brown) — application for partial

26.4.2003

EN

Official Journal of the European Union

C 101/35

annulment of Council Regulation (EC) No 881/2002 of 27 May
2002 imposing certain specific restrictive measures directed
against certain persons and entities associated with Usama bin
Laden, the Al-Qaida network and the Taliban, and repealing
Council Regulation (EC) No 467/2001 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 (OJ
2002 L 139, p. 9), — the Court of First Instance (Second
Chamber), composed of N.J. Forwood, President, J. Pirrung and
A.W.H. Meij, Judges; H. Jung, Registrar, made an order on
3 February 2003, the operative part of which is as follows:

1.

2.

The action is dismissed as inadmissible in so far as it is directed
against the Commission.

The applicant is ordered to pay the costs relating to this part of
the action.

1.

2.

The application for interim relief is dismissed.

The costs are reserved.

Action brought on 18 December 2002 by Success-Market-
ing Unternehmensberatungesellschaft m.b.H. against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs)

(Case T-380/02)

(2003/C 101/66)

( 1) OJ C 289 of 23.11.2002.

the case:

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

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

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
18 December 2002 by Success-Marketing Unternehmensbera-
tungesellschaft m.b.H., Linz (Austria), represented by G. Seck-
lehner, Rechtsanwalt, with an address for service in Luxem-
bourg. Additional party before the Board of Appeal: Chipita
International S.A., Athens.

of 19 December 2002

The applicant claims that the Court should:

in Case T-320/02 R: Monika Esch-Leonhardt and Others v
European Central Bank

(Proceedings for interim relief — Urgency — No urgency)

(2003/C 101/65)

(Language of the case: German)

— set aside the decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market of
2 October 2002 (1);

— order the Office to allow restitution in integrum;

— order the Office to pay all the costs of the proceedings,
including those for the procedure before the Board of
Appeal.

Pleas in law and main arguments

In Case T-320/02 R: Monika Esch-Leonhardt, residing in
Frankfurt-am-Main (Germany), Tillmann Frommhold, residing
in Karben (Germany), and Emmanuel Larue, residing in
Frankfurt-am-Main, represented by B. Karthaus, Rechtsanwalt,
with an address for service in Luxembourg, against European
Central Bank (Agents: T. Gilliams, G. Gruber and B. Wägen-
baur) — application for the temporary removal of a document
from the personal files of the applicants — the President of the
Court of First Instance made an order on 19 December 2002,
the operative part of which is as follows:

The applicant applied to the Office for registration of the word
mark ‘PAN & CO’ for goods and services of classes 11, 30, 35,
37 and 42 (Application No 634287). Chipita International
S.A., owner of the pictorial mark ‘PAN SPEZIALITÄTEN’ for
goods of class 30 (Community Mark No 382374) lodged an
opposition to such registration.

The Opposition Division set a time-limit for the applicant to
submit its position on the opposition. The applicant did not
submit a position within that time-limit. By decision of