Order of the Court of First Instance of 2 December 2003 in Case T-334/02 Viomikhania Siskevasias Tipopiisis kai Sintirisis Agrotikon Proïonton AE against the Commission of the European Communities (FEOGA — Improvement of the conditions under which agricultural products are processed and marketed — Request for abolition of Community financial assistance — Inaction on the part of the Commission — Action for failure to act)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: European Commission, Greece, action for annulment (EU), balance of payments assistance, infringement of EU law, public limited company

C 85/26

EN

Official Journal of the European Union

3.4.2004

ORDER OF THE COURT OF FIRST INSTANCE

of 18 December 2003

in Case T-215/02: Santiago Gómez-Reino v Commission
of the European Communities (1)

(Officials — Investigation carried out by the European Anti-
Fraud Office (OLAF) — Duty to assist — Action for
annulment and for damages clearly inadmissible and clearly
unfounded in law)

(2004/C 85/50)

(Language of the case: French)

In Case T-215/02: Santiago Gómez-Reino, official of the
Commission of the European Communities, resident in Brus-
sels (Belgium), represented by M.-A. Lucas, lawyer, against the
Commission of
the European Communities (Agents: H.-
P. Hartvig and J. Currall) — application, first, for annulment of
a series of measures relating to investigations carried out by
the European Anti-Fraud Office (OLAF) and to requests for
assistance under Article 24 of the Staff Regulations of officials
of the European Communities and, second, for compensation
in respect of
the alleged damage — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A. W. H. Meij and N. J. Forwood, Judges; H. Jung, Registrar,
made an order on 18 December 2003, the operative part of
which is as follows:

1.

2.

The action is dismissed as clearly inadmissible and as clearly
unfounded in law.

The parties shall each bear their own costs, including those
incurred in the proceedings for interim relief in Case T-215/02
R and Case C-471/02 P(R).

(1) OJ C 247, 12.10.2002.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 28 November 2003

in Case T-264/03 R: Jürgen Schmoldt and Others against
the Commission of the European Communities

(Application for interim measures — Admissibility —
Urgency)

(2004/C 85/51)

(Language of the case: German)

established in Bremen (Germany), and Hauptverband der
Deutschen Bauindustrie eV, established in Berlin (Germany),
represented by Professor H.-P. Schneider, against the Com-
mission of the European Communities (Agents: K. Wiedner
and A. Böhlke) — application under Article 243 EC for interim
measures, seeking extension of the period of coexistence of
national standards and European standards EN 13162:2001 to
13171:2001 which is provided for by the Commission
Communication of 22 May 2003 published in the framework
of the implementation of Council Directive 89/106/EEC (OJ
2003 C 120, p. 17) — 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 measures is dismissed.

The costs are reserved.

ORDER OF THE COURT OF FIRST INSTANCE

of 2 December 2003

in Case T-334/02 Viomikhania Siskevasias Tipopiisis kai
Sintirisis Agrotikon Proïonton AE against the Com-
mission of the European Communities (1)

(FEOGA — Improvement of the conditions under which
agricultural products are processed and marketed — Request
for abolition of Community financial assistance — Inaction
on the part of the Commission — Action for failure to act)

(2004/C 85/52)

(Language of the case: Greek)

In Case T-334/02: Viomikhania Siskevasias Tipopiisis kai
Sintirisis Agrotikon Proïonton AE, established in Athens
(Greece), represented by I. Stamoulis, lawyer, with an address
for service in Luxembourg, against the Commission of the
European Communities (Agent: M. Kondou-Durande) — appli-
cation for a declaration under Article 232 EC that
the
Commission failed to act in that, first, it did not initiate the
procedure for failure to fulfil obligations in relation to the
Hellenic Republic for a breach of Community law which
harmed the applicant’s economic interests and, second, it did
not abolish ex tunc the financial assistance of the European
Agriculture Guidance and Guarantee Fund (EAGGF) which
was granted for the purposes of the co-financing of the
applicant’s
investment project as approved by Decision
No 324986/505 of the Greek authorities of 17 February 1994
— the Court of First Instance (Third Chamber), composed of
J. Azizi, President, M. Jaeger and F. Dehousse, Judges; H. Jung,
Registrar, made an order on 2 December 2003, the operative
part of which is as follows:

In Case T-264/03 R: Jürgen Schmoldt, resident in Dallgow-
Döberitz (Germany), Kaefer Isoliertechnik GmbH & Co. KG,

1.

The action is dismissed as clearly inadmissible.

3.4.2004

EN

Official Journal of the European Union

C 85/27

2.

The applicant shall bear its own costs and those of
Commission.

the

Decision of the Oppo-
sition Division:

rejection of the opposition

(1) OJ C 31, 8.2.2003.

Action brought on 1 October 2003 by Les Éditions Albert
René S. à r.l. against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-336/03)

(2004/C 85/53)

(Language of the case: to be determined pursuant to Article 131(2)
of the Rules of Procedure — Language in which the application has
been drafted: German)

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
1 October 2003 by Les Éditions Albert René S. à r.l., of Paris,
represented by J. Pagenberg, avocat. A further party to the
proceedings before the Board of Appeal was Orange A/S, of
Copenhagen.

Decision of the Board of
Appeal:

partial rejection of the application
in respect of goods and services in
Classes 9 and 35. For the rest,
dismissal of the appeal lodged by
the applicant

Grounds of claim:

— The trade mark opposed is a

well-known mark;

— The trade mark opposed is
also
against
protected
exploitation outside the area
of similarity in respect of
goods and services;

— There is a significant simi-
larity between the marks.

Action brought on 13 January 2004 by Luigi Marcuccio
against the Commission of the European Communities

(Case T-9/04)

(2004/C 85/54)

The applicant claims that the Court should:

(Language of the case: Italian)

— annul the decision adopted on 14 July 2003 by the
Fourth Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) in Case
No R 559/2002-4;

— order the Office to pay the costs.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Orange A/S

the verbal mark ‘MOBILIX’
for
goods and services in Classes 9,
16, 35, 37, 38 and 42 — Appli-
cation No 671 396

the applicant

The Community trade
mark applied for:

Proprietor of the trade-
mark right opposed in
the opposition proceed-
ings:

Trade-mark right
opposed:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 January 2004 by Luigi Marcuc-
cio, represented by Alessandro Distanto, avvocato.

The applicant claims that the Court should:

— Annul the decision of the Appointing Authority rejecting

his request;

— Declare that on 29 October 2001, the applicant, then in
the service of the Angola Delegation, was the victim of
an accident at work, which occurred therein;

— Order the Commission to pay the costs.

Pleas in law and main arguments

the national verbal and Com-
munity mark ‘OBELIX’ for goods
and services in, inter alia, Class-
es 9, 16, 28, 35, 41 and 42

The applicant takes issue with the defendant’s refusal to treat
as an accident at work, with the consequential benefits
provided for in the Staff Regulations in relation to insurance
the
against risks of occupational accidents and diseases,