Order of the President of the Court of First Instance of 19 December 2002 in Case T-320/02 R: Monika Esch-Leonhardt and Others v European Central Bank (Proceedings for interim relief — Urgency — No urgency)
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), data transmission, personal data, right to information, trade union

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