Order of the Court of First Instance of 18 November 2003 In Case T-383/02, G.D. Searle LLC against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for a declaration of invalidity — Relative ground for invalidity — Amicable settlement — No need to adjudicate)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

20.3.2004

EN

Official Journal of the European Union

C 71/29

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 18 November 2003

of 28 November 2003

In Case T-383/02, G.D. Searle LLC against Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

in Case T-200/03 R: V v Commission of the European
Communities

(Application for interim relief — Application for stay of
execution — Dismissal for inadequate performance —
Urgency)

(Community trade mark — Application for a declaration of
invalidity — Relative ground for invalidity — Amicable
settlement — No need to adjudicate)

(2004/C 71/55)

(Language of the case: French)

(2004/C 71/54)

(Language of the case: English)

In Case T-383/02, G.D. Searle LLC, established in Skokie,
Illinois (United States of America), represented by W.A. Hoyng,
lawyer, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM), (Agents: G. Schneider and
T. Eichenberg),
the intervener before the Court of First
Instance being Phyto-Esp SL, established in Saragossa (Spain),
represented by S.H. Poelmann-Teijgeler,
lawyer: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 1 October 2002 (Case R 627/2001-1)
relating to proceedings between G.D. Searle LLC and Phyto-
Esp SL for a declaration of invalidity, the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President, P. Men-
gozzi and M.E. Martins Ribeiro, Judges; H. Jung, Registrar, has
made an order on 18 November 2003, the operative part of
which is as follows:

1.

2.

There is no need to adjudicate.

The applicant shall pay its own costs and those incurred by
OHIM.

3.

The intervener shall pay its own costs.

(1) OJ C 44 of 22.2.2003.

In Case T-200/03 R: V, an official of the defendant, residing in
Overijse (Belgium), represented by C. Mourato, lawyer, against
the Commission of the European Communities (Agent: J. Cur-
rall) — application for stay of execution of the Commission’s
decision of 10 March 2003 to dismiss the applicant due to
inadequate performance — the President of the Court of First
Instance made an order on 28 November 2003, the operative
part of which is as follows:

1.

2.

The application for interim relief is dismissed.

Costs are reserved.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 25 November 2003

in Case T-339/03 R: Gabrielle Clotuche v Commission of
the European Communities

(Application for interim relief — Officials — Decision
reassigning the applicant to the post of Principal Adviser —
Urgency — None)

(2004/C 71/56)

(Language of the case: French)

In Case T-339/03 R: Gabrielle Clotuche, official of
the
Commission of the European Communities, residing in Brus-
sels (Belgium), represented by P.-P. Van Gehuchten, G. Demez
and J. Sambon,
lawyers, with an address for service in
Luxembourg, against the Commission of the European Com-
munities (Agents: J. Currall and H. Kraemer) — application,
first, for stay of execution of the decision of 9 July 2003 to