Order of the Court of First Instance of 17 November 2003 in Case T-235/02: Strongline A/S v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Failure to produce evidence in the language of the opposition procedure — Rule 17(2) of Regulation (EC) No 2868/95 — Action manifestly inadmissible)
Date: 2004-02-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), recording medium, software, trade-mark law

7.2.2004

EN

Official Journal of the European Union

C 35/9

2. Orders the Parliament to pay the applicant the installation
allowance provided for by Article 5 of Annex VII of the Staff
Regulations, amounting to two months’ basic salary, together
with default interest from 24 January 2002. The interest rate
to be applied shall be two points higher than the rate fixed by
the European Central Bank for principal refinancing operations
applicable during the period concerned.

1.

2.

The application is dismissed as inadmissible.

The applicant shall pay the costs.

(1) OJ C 169, 13.7.2002.

3. Orders the Parliament to bear all the costs.

(1) OJ C 97 of 20.4.2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 17 November 2003

in Case T-235/02: Strongline A/S v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition procedure — Failure
to produce evidence in the language of the opposition
procedure — Rule 17(2) of Regulation (EC) No 2868/95 —
Action manifestly inadmissible)

(2004/C 35/14)

(Language of the case: English)

In Case T-235/02: Strongline A/S, established in Glostrup
(Denmark), represented by J.S. Ørndrup, lawyer, against Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: O. Waelbroek), the intervener before
the Court of First Instance being Scala Inc., established in
Exton, Pennsylvania (United States of America), represented by
R.M. Hiddleston, solicitor — action brought against
the
the Office for
the First Board of Appeal of
decision of
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 27 May 2002 (Case R 830/2001-1) on the refusal
of an opposition for failure to substantiate rights based on
earlier trade marks — the Court of First Instance (Second
Chamber), composed of J. Pirrung, President, A.W.H. Meij and
N.J. Forwood, Judges; H. Jung, Registrar, has made an order on
17 November 2003, the operative part of which is as follows:

1.

2.

The action is dismissed.

The applicant shall pay the costs.

(1) OJ C 233 of 28.9.02.

ORDER OF THE COURT OF FIRST INSTANCE

of 5 November 2003

in Case T-130/02: Kronoply GmbH & Co. KG v Com-
mission of the European Communities (1)

(State aid — Multisectorial framework on regional aid for
large investment projects — Application for correction of a
decision declaring aid to be compatible with the common
market — Commission response — Not in the nature of a
decision — Application for annulment — Inadmissible)

(2004/C 35/13)

(Language of the case: German)

In Case T-130/02: Kronoply GmbH & Co. KG, whose registered
office is in Heiligengrabe, Germany, originally represented by
B. Luther and subsequently by R. Nierer, lawyers, against the
Commission of the European Communities (Agents: V. Di
Bucci and T. Scharf) — application for annulment of the
alleged decision of the Commission of 5 February 2002 not to
correct its decision of 3 July 2001 relating to the authorisation
of State aid in the sum of DEM 69,3 million to the applicant
for an investment in Heiligengrabe, Germany — the Court
of First Instance (Fourth Chamber, Extended Composition),
composed, at the time of its deliberation, of V. Tiili, President,
and J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras,
Judges; H. Jung, Registrar, made an order on 5 November
2003, the operative part of which is as follows: