Order of the President of the Court of First Instance of 21 September 2004 in Case T-310/03 R: Kreuzer Medien GmbH v European Parliament and Council of the European Union (Interim measures — Application for suspension of operation — Admissibility of an application brought by an intervener)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), advertising, sponsorship, tobacco

C 300/40

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 September 2004

in Case T-216/03: Mario Paulo Tenreiro v Commission of
the European Communities (1)

(Officials — Mobility — Refusal of promotion — Considera-
tion of comparative merits)

Articles 1, 2 and 5 of Commission Decision 2002/827/ECSC of
2 July 2002 on the granting by Spain of aid to the undertaking
González y Díez SA in 1998, 2000 and 2001 (OJ 2002 L 296,
Instance (Second Chamber,
p. 80) — the Court of First
Extended Composition), composed of J. Pirrung, President of
the Chamber, A.W.H. Meij, N.J. Forwood, I. Pelikánová and S.S.
Papasavvas, Judges; Registrar: H. Jung, has given a judgment on
2 September 2004, in which it:

1. There is no need to adjudicate on the present action.

(2004/C 300/78)

(Language of the case: French)

2. Orders the Commission to pay the costs.

(1) OJ C 289 of 23.11.2002.

the European Communities,

In Case T-216/03: Mario Paulo Tenreiro, an official of the
Commission of
residing in
Kraainem (Belgium), represented by G. Vandersanden, lawyer,
against Commission of the European Communities (Agents:
A. Bordes and L Lozano Palacios, with an address for service in
Luxembourg) — application for,
in substance, annulment of
the Commission's decision, published on 14 August 2002,
establishing the list of officials promoted to grade A4 in the
2002 procedure, in so far as it does not contain the applicant's
name, the Court of First Instance (Single Judge: M. Pirrung);
D. Christensen, Administrator, for the Registrar, gave a judg-
ment on 28 September 2004, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 200 of 23.8.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 2 September 2004

in Case T-291/02 González y Díez SA v Commission of
the European Communities (1)

(ECSC — State aid — Action for annulment — Action
devoid of purpose — No need to adjudicate — Settlement of
costs)

(2004/C 300/79)

(Language of the case: Spanish)

In Case T-291/02: González y Díez SA, established in Villa-
bona-Llanera (Spain),
represented initially by J. Folguera
Crespo, A. Martínez Sánchez and J.C. Engra Moreno, lawyers,
then by J. Folguera Crespo and A. Martínez Sánchez, lawyers, v
Commission of
(Agents: V.
Kreuschitz and J.L. Buendía Sierra) — action for annulment of

the European Communities

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 September 2004

in Case T-310/03 R: Kreuzer Medien GmbH v European
Parliament and Council of the European Union

(Interim measures — Application for suspension of operation
— Admissibility of an application brought by an intervener)

(2004/C 300/80)

(Language of the case: German)

In Case T-310/03 R: Kreuzer Medien GmbH, established in
Leipzig (Germany), represented by M. Lenz, lawyer, supported
by Falstaff Verlags GmbH, established in Klosterneuburg
(Austria), represented by W.-G. Schärf, lawyer, against the Euro-
pean Parliament (Agents: E. Waldherr and U. Rösslein, with an
address for service in Luxembourg) and the Council of the
supported by the
European Union (Agent: E. Karlsson),
Commission of
(Agents: M.-
the European Communities
J.
Jonczy, L. Pignataro-Nolin and F. Hoffmeister, with an
the Kingdom of Spain
address for service in Luxembourg),
(Agent: L. Fraguas Gadea, with an address for service in Luxem-
bourg) and the Republic of Finland (Agents: A. Guimaraes-
Purokoski and T. Pynnä, with an address for service in Luxem-
bourg) — application brought by Falstaff Verlags GmbH under
Article 243 EC for suspension of the operation of Directive
2003/33/EC of the European Parliament and of the Council of
26 May 2003 on the approximation of the laws, regulations
and administrative provisions of the Member States relating to
the advertising and sponsorship of tobacco products (OJ 2003
L 152, p. 16) — the President of the Court of First Instance
made an order on 21 September 2004, the operative part of
which is as follows:

4.12.2004

EN

Official Journal of the European Union

C 300/41

1. The application for interim measures is dismissed.

2. The costs are reserved.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The other party before the Board of Appeal was Johnson's
Veterinary
(United
Kingdom).

Sutton Coldfield

Products

Limited,

The applicant claims that the Court should:

— annul the decision of the First Board of Appeal of 27 April

2004 in Case R 560/2003-1;

— order the defendant to pay the costs.

of 19 July 2004

Pleas in law and main arguments:

in Case T-439/03 R II, Ulrike Eppe v European Parliament

(Interlocutory proceedings — Competition — New claim —
Admissibility — Urgency — None)

(2004/C 300/81)

(Language of the case: German)

In Case T-439/03 R II, Ulrike Eppe, residing at Hanover
(Germany), represented by D. Rogalla, lawyer, against European
Parliament (Agents: J. de Wachter and N. Lorenz) — applica-
tion for, primarily, annulment of Competition EUR/A/167/02,
and the resumption of the procedure for that competition
including the applicant and, alternatively, an order restraining
the European Parliament from proceeding with recruitments on
the basis of the results of that competition, the President of the
Court of First Instance made an order on 19 July 2004 in
which he:

1. Rejects the interlocutory application;

2. Reserves the costs.

Action brought on 9 July 2004 by Vitakraft-Werke Wühr-
mann & Sohn GmbH & Co. KG against the Office for
Harmonisation in the Internal Market (Trade Marks and
Designs)

(Case T-277/04)

(2004/C 300/82)

(Language of the case to be determined in accordance with Article
131(2) of the Rules of Procedure — Language in which the applica-
tion is 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 9 July
2004 by Vitakraft-Werke Wührmann & Sohn GmbH & Co.
KG, whose registered office is in Bremen (Germany), repre-
sented by U. Sander, lawyer.

Applicant for the Com-
munity trade mark:

Johnson's
Limited

Veterinary

Products

Community trade mark
applied for:

for

The word mark ‘VITACOAT’ for
goods in Classes 3, 5 and 21
(shampoos, conditioners, prepara-
and skin,
tions
the hair
deodorants,
for
killing mites, lice, fleas and other
parasites, all for animals, as well as
brushes and combs for animals)

preparations

Proprietor of the mark
or sign asserted by way
of opposition:

The applicant

Mark or sign asserted
by way of opposition:

The German word mark ‘VITAK-
RAFT’

Decision of the Opposi-
tion Division:

Rejection of the notice of opposi-
tion

Decision of the Appeal
Board:

Pleas in law:

Dismissal of the applicant's appeal

— infringement of Article 8(1)(b)
of Regulation (EC) No 40/94;

— incorrect

assessment of

the
original distinctive character of
the mark asserted by way of
opposition and of its enhanced
distinctive
arising
from the use which has been
made of it;

character

— incorrect

assessment of
that

the
impact of
the
the fact
marks at issue are identical as
regards the first part – ‘VITA’;

— incorrect

assessment of

the
aural and conceptual similarity
of the marks at issue;

— failure to take into considera-
tion the fact
the goods
concerned are largely identical.

that