Order of the president of the court of first instance 3February 2004 in Case T-422/03 R: Enviro Tech Europe Ltd and EnviroTech International Inc v Commission of the European Communities (Interim measures— Directive 67/548 — Urgency)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical product, dangerous substance

30.4.2004

EN

Official Journal of the European Union

C 106/65

ORDER OF THE COURT OF FIRST INSTANCE

of 11 February 2004

in Case T-304/03: Bayer AG v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Opposition — Amicable resolu-
tion reached between the applicant for a Community trade
mark and the proprietor of earlier national trade marks —
No need for the case to proceed to judgment)

against the Commission of the European Communities (Agents:
X. Lewis and F. Simonetti) – application for, first, suspension of
an act of the Commission dated 20 August 2003 and of the
current entry for rosin under Annex I to Council Directive
67/548/EEC of 27 June 1967 on the approximation of laws,
regulations and administrative provisions relating to the classifi-
cation, packaging and labelling of dangerous substances (OJ,
English Special Edition 1967, p. 234) and, second, an order
requiring the Commission to propose the declassification of
rosin at the next Regulatory Committee meeting scheduled for
the adaption of Directive 67/548 to technical progress – the
President of the Court of First Instance has given an order on
16 January 2004, the operative part of which is as follows:

(2004/C 106/132)

(Language of the case: German)

1. The application for interim measures is dismissed.

2. Costs are reserved.

In Case T-304/03: Bayer AG, having its registered office in
Leverkusen (Germany), represented by M. Wolpert, Rechtsan-
walt, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: J. Webendörfer and
G. Schneider), the other party to the proceedings before the
Board of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) being: Sanofi-Synthelabo SA,
having its registered office in Paris – appeal against the decision
of 4 June 2003 by the Fourth Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (Case R 452/2002-4) concerning opposition proceed-
ings between Bayer AG and Sanofi-Synthelabo SA - the Court
(Fourth Chamber), composed of: H. Legal, President, V. Tiili
and M. Vilaras, Judges; H. Jung, Registrar, made an order on
11 February 2004, the operative part of which is as follows:

(1) There is no longer any need for the case to proceed to judgment.

(2) The applicant, Bayer AG, shall bear its own costs and OHIM

shall bear any costs which it may have incurred.

(1) OJ C 264 of 1.11.03.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 16 January 2004

In Case T-369/03 R: Arizona Chemical BV and Others v
Commission of the European Communities

(Interim measures — Directive 67/548 EEC — Urgency)

(2004/C 106/133)

(Language of the case: English)

In Case T-369/03 R: Arizona Chemicals BV, established in
Almere (Netherlands), Eastman Belgium BVBA, established in
Kallo (Belgium), Resinall Europe BVBA, etablished in Brugge
(Belgium), Cray Valley Iberica SA, established in Madrid (Spain),
lawyers,
represented by C. Mereu and K. Van Maldegem,

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

3 February 2004

in Case T-422/03 R: Enviro Tech Europe Ltd and Enviro
Tech International Inc v Commission of the European
Communities

(Interim measures — Directive 67/548 — Urgency)

(2004/C 106/134)

(Language of the case: English)

In Case T-422/03 R, Enviro Tech Europe Ltd, established in
Surrey (United Kingdom), and Enviro Tech International Inc,
established in Chicago (United States of America), represented
by C. Mereu and K. Van Maldegem, lawyers, v Commission of
the European Communities (Agents: X. Lewis and F. Simonetti);
APPLICATION for suspension of two acts of the Commission
of 3 November 2003 and an order requiring the Commission
not to propose the reclassification of nPB under the 29th adap-
tation to technical progress of Directive 67/548/EEC on the
approximation of laws, regulations and administrative provi-
sions relating to the classification, packaging, and labelling of
dangerous substances (OJ, English Special Edition 1967, p.
234), the President of the Court of First Instance, has given an
order on 3 February 2004, in which it:

1. The application for interim measures is dismissed.

2. Costs are reserved.