Order of the President of the Court of First Instance of 1 August 2003 in Case T-378/02 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests — Exceptional circumstances — Provisional suspension)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, glass industry, redemption, summary procedure

C 289/24

EN

Official Journal of the European Union

29.11.2003

3.

Reserves the costs, including those incurred by the intervener.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 9 September 2003

in Case T-293/02: Éric Vranckx v Commission of the
European Communities (1)

(Open competition — Failure to award the minimum number
of points required for the oral test — Omission from the
reserve list — Reasons — Consistency between the complaint
and the application — Application unfounded in part and
inadmissible in part)

(2003/C 289/51)

(Language of the case: French)

In Case T-293/02: Éric Vranckx, a member of the temporary
staff of the Commission of
the European Communities,
residing in Brussels (Belgium), represented by J.-N. Louis,
É. Marchal and A. Coolen,
lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and L. Lozano Palacios) —
application for annulment of the decision of the selection
board in competition COM/B/1/00 awarding the applicant a
mark lower than the minimum required and not entering him
on the reserve list — the Court of First Instance (Third
Chamber), composed of K. Lenaerts, President, J. Azizi and
M.
Jung, Registrar, made an order on
9 September 2003, the operative part of which is as follows:

Judges; H.

Jaeger,

1.

The application is dismissed;

2.

The applicants shall bear their own costs.

(1) OJ C 289 of 23.11.02.

of 1 August 2003

in Case T-378/02 R Technische Glaswerke Ilmenau GmbH
v Commission of the European Communities

(Proceedings for interim measures — State aid — Obligation
to recover aid — Prima facie case — Urgency — Weighing
up of interests — Exceptional circumstances — Provisional
suspension)

(2003/C 289/52)

(Language of the case: German)

In Case T-378/02 R: Technische Glaswerke Ilmenau GmbH,
established at Ilmenau, (Germany), represented by G. Schohe
lawyers, with an address for service in
and C. Arhold,
Luxembourg, against Commission of the European Communi-
ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
Schott Glas, established at Mainz (Germany), represented by
U. Soltész,
lawyer — application for suspension of the
operation of Article 2 of Commission Decision C (2002) 2147
final on State aid by Germany in favour of Technische
Glaswerke Ilmenau GmbH, the President of the Court of First
Instance has made an order on 1 August 2003 in which he:

1.

Suspends the operation, until 31 October 2003, of Article 2
of Commission Decision C (2002) 2147 final on State aid
C 44/2001 granted by Germany in favour of Technische
Glaswerke Ilmenau GmbH;

2. Makes that suspension of operation subject to the following
conditions: first, that before 30 September 2003 at the latest
the applicant should repay to the Thüringer Aufbaubank the
sum of EUR ... and within a week of making that repayment
and by 7 October 2003 at the latest should lodge at the
Registry of the Court of First Instance and at the Commission
written proof of that repayment; second, that the first-priority
mortgage security granted to the Thüringer Aufbaubank over
the land on which the fourth furnace stands should be released
and re-granted to the Bundesanstalt für Vereinigungsbedingte
Sonderaufgaben by 10 October 2003 at the latest, in order to
guarantee the latter’s right to repayment of the balance of the
sale price under asset deal 1; third, that by 10 October 2003
at the latest Mr Geiß should lodge security, similar to the
personal surety jointly and severally liable with the principal
debtor lodged on 3 March 1998 by him in respect of the
repayment of the loan made by the Thüringer Aufbaubank, in
favour of the Bundesanstalt
für Vereinigungsbedingte Son-
deraufgaben in respect of the balance of the sale price under
asset deal 1; fourth, that by 17 October 2003 at the latest
written proof of the novation of the securities, required in
accordance with the second and third conditions set out above,
should be lodged at the Registry of the Court of First Instance
and at the Commission;

29.11.2003

EN

Official Journal of the European Union

C 289/25

3.

Reserves the costs.

Th. Schulte-Beckhausen, lawyer. The additional party before
the Board of Appeal was Conceria Toska S.R.L., Milan (Italy).

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the

defendant of 13 May 2003 (Case R 369/2002-2);

of 16 September 2003

— order the defendant to pay the costs.

in Case T-272/03 R: Maria Dolores Fernández Gómez v
Commission of the European Communities

Pleas in law and main arguments

(Interim measures — Application for suspension of oper-
ation — Urgency — None)

Applicant
munity trade mark:

for

Com-

Conceria Toska S.R.L.

(2003/C 289/53)

(Language of the case: French)

Community trade mark Word mark TOSKA for goods
in Class 18 (including bags) —
sought:
application No 743427

In Case T-272/03 R: Maria Dolores Fernández Gómez, residing
in Brussels (Belgium), represented by J. Iturriagagoititia and
K. Delvolvé, lawyers, against Commission of the European
Communities (Agents: J. Currall, F. Clotuche-Duvieusart and
H. Tserepa- Lacombe) — application for suspension of the
operation of the Commission’s decision of 12 May 2003
rejecting the application to renew the applicant’s temporary
staff contract, the President made an order on 16 September
2003, the operative part of which is as follows:

1.

2.

The application for interim measures is dismissed.

Costs are reserved.

Action brought on 18 July 2003 by Mülhens GmbH & Co.
KG against the Office for Harmonisation in the Internal
Market (Trade marks and Designs) (OHIM)

(Case T-263/03)

(2003/C 289/54)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 July 2003 by Mülhens GmbH & Co. KG, represented by

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

Mark or sign cited in
opposition:

Decision of the Oppo-
sition Division:

Decision of the Board of
Appeal:

Pleas in law:

Applicant

German word mark TOSCA for
perfumes (including ‘parfum’, ‘eau
de toilette’, and ‘eau de parfum
pour femmes’)

Rejection of the opposition

Dismissal of the applicant’s appeal

— The opposition based on the
mark with reputation is well
founded
to
Article 8(1)(b) of Regulation
(EC) No 40/94 (1).

pursuant

— There is a likelihood of con-
fusion between the opposing
marks.

— There are certain similarities
opposing

the

between
goods.

— The earlier mark is a mark
with reputation within the
meaning of Article 8(5) of
Regulation (EC) No 40/94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).