Order of the Court of First Instance of 14 October 2004 in Case T-3/03: Everlast World's Boxing Headquarters Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM) (Community trade mark — Partial refusal of registration — Withdrawal of the application — No need to adjudicate)
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Union Intellectual Property Office, action for annulment (EU), clothing, leather, trade mark, trade-mark law

C 6/36

EN

Official Journal of the European Union

8.1.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 14 October 2004

in Case T-3/03: Everlast World's Boxing Headquarters
Corporation v Office for Harmonisation in the Internal
Market (Trade Marks and Designs)(OHIM) (1)

(Community trade mark — Partial refusal of registration —
Withdrawal of the application — No need to adjudicate)

Berardis-Kayser and H. Kraemer, with an address for service in
Luxembourg) — Application for annulment of the Commis-
sion's decision reducing the merit points awarded to the appli-
cant for the assessment period 2001-2002 — the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, P.
Mengozzi and I. Wiszniewska-Bialecka, Judges; H. Jung, Regis-
trar, has made an order on 27 September 2004, in which it:

(1) Declares that it is no longer necessary to proceed to judgment;

(2005/C 6/70)

incurred by the applicant.

(2) Orders the Commission to bear its own costs and to pay those

(Language of the case: German)

(1) OJ C 106 of 30.4.2004.

(OHIM)

In Case T-3/03: Everlast World's Boxing Headquarters Corpora-
tion, established in New York (United States), represented by A
Renck, V. Bomhard, A. Pohlmann and C. Albrecht,
lawyers,
against Office for Harmonisation in the Internal Market (Trade
(Agents: D. Schennen and G.
Marks and Designs)
Schneider) – action against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) of 30 October 2002 (Case
R 391/2001-1) relating to the application for registration of
the word mark ‘Choice of Champions’ – the Court of First
Instance (Second Chamber), composed of: J. Pirrung, President,
A.W.H. Meij and S. Papasavvas,
Jung, Registrar,
made an order on 14 October 2004, the operative part of
which is as follows:

Judges; H.

1) There is no longer any need to adjudicate on the application.

2) Each party is to bear its own costs.

(1) OJ C 55 of 8.3.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 27 September 2004

in Case T-108/04: Nikolaus Steininger v Commission of
the European Communities (1)

(Career development report — Reduction of merit points —
Not necessary to proceed to judgment)

(2005/C 6/71)

(Language of the case: French)

the
In Case T-108/04: Nikolaus Steininger, an official of
Commission, residing in Brussels, represented by N. Lhoest,
lawyer, with an address for service in Luxembourg, against
(Agents: C.
Commission of

the European Communities

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 15 October 2004

in Case T-193/04 R, Hans-Martin Tillack v Commission of
the European Communities

(Proceedings for interim measures — Application for interim
relief and for suspension of operation of a measure)

(2005/C 6/72)

(Language of the case: English)

In Case T-193/04 R: Hans-Martin Tillack, represented by I.
Forrester QC, T. Bosly, C. Arhold, N. Flandin, J. Herrlinger and
J. Siaens,
lawyers, against the Commission of the European
Communities (Agents: C. Docksey and C. Ladenburger, with an
address for service in Luxembourg) — application for suspen-
sion of any further implementation or action pursuant to the
alleged complaint of the European Anti-Fraud Office (OLAF) of
11 February 2004 to the Belgian and German judicial authori-
ties and for an order
that OLAF refrain from obtaining,
inspecting, examining or hearing the contents of any docu-
ments and information in the possession of the Belgian and
German judicial authorities following the search of the appli-
cant's home and office carried out on 19 March 2004 — the
President of the Court of First Instance has made an order on
15 October 2004, the operative part of which is as follows:

1. The application for interim measures is dismissed.

2. Costs are reserved.