do-me/EUR-LEX huggingface dataset:
Removal from the register of Case T-52/98
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: European Commission, Netherlands Antilles, action for annulment (EU), import licence, quantitative restriction, rice

6.9.2003

EN

Official Journal of the European Union

C 213/43

Removal from the register of Case T-52/98 (1)

(2003/C 213/83)

European Communities ordered the removal from the register
of Case T-292/99: Bouw- en Handelsonderneming J. Peeters
B.V. v Commission of the European Communities.

(Language of the Case: Dutch)

(1) OJ C 63 of 04.03.2000.

By order of 11 June 2003 the President of the Third Chamber
of the Court of First Instance of the European Communities
from the register of Case T-52/98:
ordered the removal
De Nederlands Antillen v Commission of
the European
Communities.

( 1) OJ C 151 of 16.05.1998.

Removal from the register of Case T-295/99 (1)

(2003/C 213/86)

(Language of the Case: Dutch)

Removal from the register of Case T-53/98 (1)

(2003/C 213/84)

(Language of the Case: Dutch)

By order of 11 June 2003 the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities ordered the removal from the register
of Case T-295/99: Diesel Oil Company B.V. v Commission of
the European Communities.

(1) OJ C 63 of 04.03.2000.

By order of 11 June 2003 the President of the Third Chamber
of the Court of First Instance of the European Communities
from the register of Case T-53/98:
ordered the removal
De Nederlands Antillen v Commission of
the European
Communities.

( 1) OJ C 166 of 30.05.1998.

Removal from the register of Case T-303/99 (1)

(2003/C 213/87)

(Language of the Case: Dutch)

Removal from the register of Case T-292/99 (1)

(2003/C 213/85)

(Language of the Case: Dutch)

By order of 11 June 2003 the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
European Communities ordered the removal from the register
of Case T-303/99: Hoogendijk ATW B.V. v Commission of the
European Communities.

(1) OJ C 63 of 04.03.2000.

By order of 11 June 2003 the President of the Second Chamber
(Extended Composition) of the Court of First Instance of the
Case T-249/03: Action brought on 2 July 2003 by "Y" against Commission of the European Communities
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: Commission Delegation, European Commission, European official, action for annulment (EU), foreign policy, reassignment

6.9.2003

EN

Official Journal of the European Union

C 213/39

Action brought on 24 June 2003 by Miguel Torres,
S.A. against the Office for Harmonisation in the Internal
Market (OHIM)

Decision of the Board of
Appeal:

Dismissal of the appeal

Pleas in law:

Infringement of the rights of the
defence and incorrect application
of Article 8(1)(b) of (EC) Regu-
lation No. 40/94 (risk of con-
fusion)

(Case T-247/03)

(2003/C 213/76)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 24 June 2003 by Miguel
Torres S.A., with offices in Vilafranca del Penedès (Barcelona),
represented by E. Armijo Chávarri, M.Á. Baz de San Ceferino
and A. Castán Pérez-Gómez.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM
of 7 April 2003 handed down in matter R 0998/2001-1;

Action brought on 2 July 2003 by ‘Y’ against Commission
of the European Communities

(Case T-249/03)

(2003/C 213/77)

(Language of the case: French)

Pleas in law and main arguments

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 July 2003 by ‘Y’, represented by
Spyridoula Papanikolaou, lawyer.

Applicant
munity trade mark:

for

Com-

Bodegas Muga, S.A.

The applicant claims that the Court should:

Community trade mark
sought:

Figurative mark ‘Torre Muga’
Application no. 791.004 sought
for products in class 33(acholic
beverages, except beers)

— annul the decision of 18 June 2003 of the Director
General of RELEX terminating the applicant’s assignment
to a post in the Commission’s Delegation abroad;

— order the defendant to pay the costs.

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

The applicant

Mark or sign cited in
opposition:

trade

mark
International
no. 252.675, Danish trade mark
no. VR 03.741.1991, German
trade mark no. 2.901.360, Span-
ish trade marks nos 130.955,
and
321.331
English
marks
trade
nos 1.039.853 and 1.298.955
TORRES, for products in class 33

130.956

and

Decision of the Oppo-
sition Division:

Rejection of the opposition

Pleas in law and main arguments

In support of his action, the applicant alleges a number of
infringements of Articles 7 and 25 of the Staff Regulations, of
the rule in the Administrative Guide for the use of the external
service of DG RELEX, which provides that the duration of an
assignment to a post is to be four years, and of the principle
of legitimate expectations. He also alleges abuse and misuse of
power and infringements of the Community disciplinary rules
and of the principle of proportionality.
Case T-247/03: Action brought on 24 June 2003 by Miguel Torres, S.A. against the Office for Harmonisation in the Internal Market (OHIM)
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

6.9.2003

EN

Official Journal of the European Union

C 213/39

Action brought on 24 June 2003 by Miguel Torres,
S.A. against the Office for Harmonisation in the Internal
Market (OHIM)

Decision of the Board of
Appeal:

Dismissal of the appeal

Pleas in law:

Infringement of the rights of the
defence and incorrect application
of Article 8(1)(b) of (EC) Regu-
lation No. 40/94 (risk of con-
fusion)

(Case T-247/03)

(2003/C 213/76)

(Language of the case: Spanish)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 24 June 2003 by Miguel
Torres S.A., with offices in Vilafranca del Penedès (Barcelona),
represented by E. Armijo Chávarri, M.Á. Baz de San Ceferino
and A. Castán Pérez-Gómez.

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of OHIM
of 7 April 2003 handed down in matter R 0998/2001-1;

Action brought on 2 July 2003 by ‘Y’ against Commission
of the European Communities

(Case T-249/03)

(2003/C 213/77)

(Language of the case: French)

Pleas in law and main arguments

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 July 2003 by ‘Y’, represented by
Spyridoula Papanikolaou, lawyer.

Applicant
munity trade mark:

for

Com-

Bodegas Muga, S.A.

The applicant claims that the Court should:

Community trade mark
sought:

Figurative mark ‘Torre Muga’
Application no. 791.004 sought
for products in class 33(acholic
beverages, except beers)

— annul the decision of 18 June 2003 of the Director
General of RELEX terminating the applicant’s assignment
to a post in the Commission’s Delegation abroad;

— order the defendant to pay the costs.

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

The applicant

Mark or sign cited in
opposition:

trade

mark
International
no. 252.675, Danish trade mark
no. VR 03.741.1991, German
trade mark no. 2.901.360, Span-
ish trade marks nos 130.955,
and
321.331
English
marks
trade
nos 1.039.853 and 1.298.955
TORRES, for products in class 33

130.956

and

Decision of the Oppo-
sition Division:

Rejection of the opposition

Pleas in law and main arguments

In support of his action, the applicant alleges a number of
infringements of Articles 7 and 25 of the Staff Regulations, of
the rule in the Administrative Guide for the use of the external
service of DG RELEX, which provides that the duration of an
assignment to a post is to be four years, and of the principle
of legitimate expectations. He also alleges abuse and misuse of
power and infringements of the Community disciplinary rules
and of the principle of proportionality.
Case C-314/03: Action brought on 23 July 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2003-09-06
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, economic relations, public sector

6.9.2003

EN

Official Journal of the European Union

C 213/23

The Commission of the European Communities claims that
the Court should:

Pleas in law and main arguments

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/44/EC of the European Parliament and of
the Council of 25 May 1999 on certain aspects of the
sale of consumer goods and associated guarantees (1), the
French Republic has failed to fulfil its obligations under
that directive;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the Directive expired on
1 January 2002.

( 1) OJ L 171, 7.7.1999, p. 12.

Action brought on 23 July 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-312/03)

(2003/C 213/42)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 23 July
2003 by the Commission of the European Communities,
represented by D. Martin, acting as Agent, with an address for
service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/44/EC of the European Parliament and of
the Council of 25 May 1999 on certain aspects of the
sale of consumer goods and associated guarantees (1), the
Kingdom of Belgium has failed to fulfil its obligations
under that directive;

— order the Kingdom of Belgium to pay the costs.

The time-limit for transposition of the Directive expired on
1 January 2002.

(1) OJ L 171, 7.7.1999, p. 12.

Action brought on 23 July 2003 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-314/03)

(2003/C 213/43)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 23 July 2003 by the Commission of the European
Communities, represented by G. Rozet, acting as Agent, with
an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2000/52/EC of 26 July 2000 on
the transparency of financial relations between Member
States and public undertakings and financial transparency
in certain undertakings (1), and in any event by not
notifying the Commission thereof, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under that
directive;

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit for implementation of the directive expired on
31 July 2001.

(1) OJ 29.7.2000, L 193, p. 75.
Removal from the register of Case T-62/03
Date: 2003-09-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, promotion

C 213/44

EN

Official Journal of the European Union

6.9.2003

Removal from the register of Case T-35/02 (1)

Removal from the register of Case T-62/03 (1)

(2003/C 213/88)

(Language of the Case: Italian)

(2003/C 213/90)

(Language of the Case: French)

By order of 8 April 2003 the President of the Third Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-35/02: Alitalia
— Linee Aeree Italiane SpA v Commission of the European
Communities.

By order of 19 June 2003 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-62/03: Georges
the European Communities.
Vassilakis v Commission of

( 1) OJ C 109 of 4.05.2002.

(1) OJ C 101 of 26.04.2003.

Removal from the register of Case T-103/02 (1)

Removal from the register of Case T-85/03 (1)

(2003/C 213/89)

(Language of the Case: English)

(2003/C 213/91)

(Language of the Case: English)

By order of 19 June 2003 the President of the Fifth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-103/02: Ineos
Phenol GmbH & Co. KG v Commission of the European
Communities.

( 1) OJ C 156 of 29.06.2002.

By order of 18 June 2003 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-85/03:
Government of the Cayman Islands v Commission of the
European Communities.

(1) OJ C 124 of 24.05.2003.