Order of the Court of First Instance of 19 April 2004 in Case T-321/01 DEP, Internationaler Hilfsfonds eV v Commission of the European Communities (Procedure — Taxation of costs)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), co-financing, development aid, non-governmental organisation

30.4.2004

EN

Official Journal of the European Union

C 118/39

applicant's complaint of 28 February 2002, by which,
in
essence, he applied for annulment of the elections to the local
staff committee of the Commission in Luxembourg which took
place in November 2001 and of the appointment of those
elected to that committee and the Commission's failure to
annul
Instance (Third
Chamber), composed of J. Azizi, President, and M. Jaeger and F.
Dehousse, Judges; D. Christensen (Administrator), Registrar, has
given a judgment on 22 April 2004, in which it:

those elections – the Court of First

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 29 April 2004

in Case T-399/02: Eurocermex SA v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Three-dimensional trade mark —
Form of a bottle — Long-neck bottle in the neck of which a
slice of lemon has been plugged — Absolute grounds for
refusal — Distinctive character — Article 7(1)(b) of Regu-
lation (EC) No 40/94)

(2004/C 118/83)

(Language of the case: French)

(OHIM),

In Case T-399/02: Eurocermex SA, established in Evere
(Belgium), represented by A. Bertrand and T. Reisch, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs)
(Agents: S. Laitinen and A. Rassat) –
application brought for the annulment of the decision of the
First Board of Appeal of OHIM of 21 October 2002 (Case R
188/2002-1) concerning an application for registration of a
three-dimensional trade mark (long-neck bottle in the neck of
which a slice of lemon has been plugged) as a Community
trade mark – the Court of First Instance (Second Chamber),
J. Pirrung, President, A.W.H. Meij and N.J.
composed of
Forwood, Judges; J. Palacio González, Administrator, for the
Registrar, has given a judgment on 29 April 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to bear the costs.

(1) OJ C 44 of 22.2.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 23 March 2004

in Case T-216/99: Ter Huurne's Handelsmaatschappij BV,
supported by the Kingdom of the Netherlands v Commis-
sion of the European Communities (1)

(Action for annulment — Failure of applicant to act — No
need to give a decision)

(2004/C 118/84)

(Language of the case: Dutch)

In Case T-216/99: Ter Huurne's Handelsmaatschappij BV,
established in Haaksbergen (Netherlands), represented by H.C
van der Sijs, lawyer, supported by the Kingdom of the Nether-
lands, represented by M. Fierstra and L. Cuelenaere, subse-
quently by L. Cuelenaere and V. Koningsberger and, finally, by
H.G. Sevenster, acting as Agents, against the Commission of
the European Communities (represented initially by G. Rozet
and H. Speyart, subsequently by G. Rozet and H. van Vliet,
Agents) – application for annulment of Commission Decision
1999/705/EC of 20 July 1999 concerning aid granted by the
Netherlands to 633 Dutch service stations in the region
bordering Germany (OJ 1999 L 280, p. 87) – the Court of First
Instance (Second Chamber, Extended Composition), composed
of J. Pirrung, President, V. Tiili, A.W.H. Meij, M. Vilaras and N.
J Forwood, Judges; Registrar, H. Jung (Administrator), made an
order on 23 March 2004, the operative part of which is as
follows:

1. There is no need to give a decision on the present action.

2. The applicant shall bear its own costs and pay those of

the
Commission. The Kingdom of the Netherlands shall bear its own
costs.

(1) OJ C 6, 8.1.2000

ORDER OF THE COURT OF FIRST INSTANCE

of 19 April 2004

in Case T-321/01 DEP, Internationaler Hilfsfonds eV v
Commission of the European Communities (1)

(Procedure — Taxation of costs)

(2004/C 118/85)

(Language of the case: French)

In Case T-321/01 DEP, Internationaler Hilfsfonds eV, estab-
lished in Rosbach (Germany), represented by H. Kaltenecker,
lawyer, against the Commission of the European Communities

C 118/40

EN

Official Journal of the European Union

30.4.2004

(Agents: M.-J Jonczy and S. Fries), APPLICATION for the taxa-
tion of costs following the judgment of the Court of First
Instance of 18 September 2003 in Case T-321/01 Internatio-
naler Hilfsfonds v Commission, not yet published in the ECR,
the Court of First Instance (Third Chamber), composed of J.
Azizi, President, and M. Jaeger and F. Dehousse, Judges; Regis-
trar: H. Jung, made an order on 19 April 2004, the operative
part of which is as follows:

The total of the costs to be reimbursed by the Commission to the
applicant in Case T-321/01 is fixed at EUR 6 750.

(1) OJ C 56 of 2.3.2002

ORDER OF THE COURT OF FIRST INSTANCE

of 15 March 2004

in Case T-66/02, Idiotiko Institouto Epaggelmatikis Katar-
tisis N. Avgerinopoulou Anagnorismenes Technikes Idio-
tikes Epaggelmatikes Scholes AE, Panellinia Enosi Idio-
tikon Institouton Epaggelmatikis Katarsis and Panellinia
Enosi Idiotikis Technikis Epaggelmatikis Ekpaidefsis kai
Katarstisis v Commission of the European Communities (1)

(Structural Funds — Community support — Operational
programme — Request for amendment — Application for a
declaration of failure to act — Adoption of a position termi-
nating such failure to act — No need to give judgment)

(2004/C 118/86)

(Language of the case: Greek)

In Case T-66/02, Idiotiko Institouto Epaggelmatikis Katartisis
N. Avgerinopoulou Anagnorismenes Technikes Idiotikes Epag-
gelmatikes Scholes AE, Panellinia Enosi Idiotikon Institouton
Epaggelmatikis Katarsis and Panellinia Enosi Idiotikis Technikis
Epaggelmatikis Ekpaidefsis kai Katarstisis, established in Athens,
Greece, represented by T. Antoniou and C. Tsiliotis, v Commis-
sion of
the European Communities (Agents: M. Condou-
Durande and L. Flynn) - Application for a declaration of failure
to act based on Article 232 EC and seeking a declaration that
the Commission failed to fulfil its obligations under Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying down
general provisions on the Structural Funds (OJ L 161 p.1) and
the EC Treaty by failing to remove the unlawful discrimination
between private and public professional
training bodies in
Greece, on the basis that only the latter are financed by the
third Community support network and in particular the opera-
tional programme Initial Education and Professional Training -
the Court of First Instance (Fourth Chamber), composed of H.
legal, President and V. Tiili and M. Vilaras, Judges; H. Jung,
Registrar, made an order on 15 March 2004, in which it

1 Finds that there is no need to give judgement in this case;

2 Orders each party to bear its own costs.

(1) OJ C109 of 4.5.2002

ORDER OF THE COURT OF FIRST INSTANCE

of 15 March 2004

in Case T-139/02, Idiotiko Institouto Epaggelmatikis Katar-
tisis N. Avgerinopoulou Anagnorismenes Technikes Idio-
tikes Epaggelmatikes Scholes AE, Panellinia Enosi Idio-
tikon Institouton Epaggelmatikis Katarsis and Panellinia
Enosi Idiotikis Technikis Epaggelmatikis Ekpaidefsis kai
Katarstisis v Commission of the European Communities (1)

(Structural Funds — Community support — Operational
programme — Commission's reply to a request for amend-
ment of a decision approving an operational programme —
Action for annulment — Direct allocation — Inadmissible)

(2004/C 118/87)

(Language of the case: Greek)

the European Communities

In Case T-139/02, Idiotiko Institouto Epaggelmatikis Katartisis
N. Avgerinopoulou Anagnorismenes Technikes Idiotikes Epag-
gelmatikes Scholes AE, Panellinia Enosi Idiotikon Institouton
Epaggelmatikis Katarsis and Panellinia Enosi Idiotikis Technikis
Epaggelmatikis Ekpaidefsis kai Katarstisis,
estalblished in
Athens, Greece, represented by T. Antoniou and C. Tsiliotis, v
Commission of
(Agents: M.
Condou-Durande and L. Flynn) - Application for an action for
annulment of the Commission's decision of 27 February 2002
not to remove the alleged discrimination between private and
public professional training bodies in Greece in regard to their
access to financing from the structural funds provided for by
the third Community support network and in particular the
operational programme Initial Education and Professional
Training -
Instance (Fourth Chamber),
composed of H. Legal, President and V. Tiili and M. Vilaras,
Judges; H. Jung, Registrar, made an order on 15 March 2004,
in which it

the Court of First

1. Dismisses the application as inadmissible;

2. Orders the applicants to bear their own costs and those of the

Commission.

(1) OJ C169 of 13.7.2002