Order of the Court of First Instance of 9 November 2004 in Case T-252/03: Fédération nationale de l'industrie et des commerces en gros des viandes (FNICGV) v Commission of the Euoropean Communities (Competition — Decision finding an infringement of Article 81 EC — Market in beef and veal — Action for annulment — Unlimited jurisdiction — Time-limit for bringing application — Introduction out of time — Inadmissibility)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: European Commission, France, action for annulment (EU), beef, cattle, import restriction, infringement of EU law, minimum price

5.2.2005

EN

Official Journal of the European Union

C 31/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 November 2004

in Case T-360/03: Frischpack GmbH & Co. KG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Three-dimensional mark —
Shape of a cheese box — Absolute ground for refusal —
Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive
character)

(2005/C 31/41)

(Language of the case: German)

In Case T-360/03: Frischpack GmbH & Co. KG, established in
Mailling bei Schönau (Germany), represented by P. Bornemann,
lawyer, against Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: U. Pfleghar and
G. Schneider) – appeal against Decision R 236/2003-2 of the
Second Board of Appeal of OHIM of 8 September 2003
concerning the registration of a three-dimensional mark (cheese
box) – the Court of First Instance (Fifth Chamber), composed of
P. Lindh, President, R. García-Valdecasas and D. Šváby, Judges;
I. Natsinas, Administrator, for the Registrar, has given a judg-
ment on 23 November 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 304 of 13.12.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 6 September 2004

in Case T- 213/02: SNF SA v Commission of the European
Communities (1)

(Action for annulment — Directive 2002/34/EC — Restric-
tions on the use of polyacrylamides in the composition of
cosmetic products — Person individually concerned —
Admissibility)

(2005/C 31/42)

(Language of the case: English)

In Case T-213/02: SNF SA, established in Saint-Étienne
(France), represented by K. Van Maldegem and C. Mereu,
lawyers, against the Commission of the European Communities,
(Agent: X. Lewis, with an address for service in Luxembourg) –

application for the partial annulment of Twenty-sixth Commis-
sion Directive 2002/34/EC of 15 April 2002 adapting to tech-
nical progress Annexes II,
III and VII to Council Directive
76/768/EEC on the approximation of the laws of the Member
States relating to cosmetic products (OJ 2002 L 102, p. 19) in
so far as it restricts the use of polyacrylamides in the composi-
tion of cosmetic products – the Court of First Instance (Fifth
Chamber), composed of: P. Lindh, President, R. García-Valde-
casas and J.D. Cooke, Judges; H. Jung, Registrar, has made an
order on 6 September 2004, the operative part of which is as
follows:

1. The action is dismissed as inadmissible;

2. The applicant is to bear its own costs and those of the defendant.

(1) OJ C 233 of 28.9.2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 November 2004

in Case T-252/03: Fédération nationale de l'industrie et des
commerces en gros des viandes (FNICGV) v Commission
of the Euoropean Communities (1)

(Competition — Decision finding an infringement of Article
81 EC — Market in beef and veal — Action for annulment
— Unlimited jurisdiction — Time-limit for bringing applica-
tion — Introduction out of time — Inadmissibility)

(2005/C 31/43)

(Language of the case: French)

In Case T-252/03: Fédération nationale de l'industrie et des
cinnerces en gros des viands (FNICGV), established in Paris
(France), represented by P. Abegg and E. Prigent, lawyers, with
an address for service in Luxembourg, supported by French
Republic (Agents: R. Abraham, G. de Bergues and F. Million,
with an address for service in Luxembourg), against Commis-
sion of the European Communities (Agents: P. Oliver and F.
Lelièvre, with an address for service in Luxembourg) – action
for annulment of the fine imposed on the applicant by Article
3 of Commission Decision 2003/600/EC of 2 April 2003
relating to a proceeding pursuant to Article 81 of the EC
Treaty (Case COMP/C.38.279/F3 – French beef) (OJ 2003 L
for a reduction of the
in the alternative,
209, p. 12) and,
amount of
Instance (Fifth
fine – the Court of First
that
Chamber), composed of P. Lindh, President, R. García-Valde-
casas and J.D. Cooke, Judges; H. Jung, Registrar, has made an
order on 9 November 2004, the operative part of which is as
follows:

C 31/22

EN

Official Journal of the European Union

5.2.2005

1. The action is dismissed as inadmissible.

2. The applicant and the Commission shall bear their own costs

relating to the main action.

3. The applicant shall bear its own costs and pay those of
Commission relating to the proceedings for interim measures.

the

4. The French Republic shall bear its own costs.

(1) OJ C 213 of 6.9.2003.

Action brought on 8 September 2004 by Hensotherm AB
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-366/04)

(2005/C 31/45)

(Language of the case: Swedish)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 10 November 2004

in Case T-316/04: R Wam SpA v Commission of the Euro-
pean Communities

(State aid — Loans at reduced rates intended to enable an
undertaking to become established in certain non-member
countries — Obligation to recover — Application for interim
measures — Suspension of operation — Urgency — None)

(2005/C 31/44)

(Language of the case: Italian)

In Case T-316/04 R: Wam SpA, established in Cavezzo di
lawyer, against the
Modena (Italy), represented by E. Giliani,
Commission of
the European Communities (Agents: V. Di
Bucci and E. Righini, with an address for service in Luxem-
bourg) – application for
the operation of
Commission Decision C(2004) 1812 final of 19 May 2004 on
State aid C-4/2003 (ex NN 102/2002) – the President of the
Court of First Instance made an order on 10 November 2004,
the operative part of which is as follows:

suspension of

1. The application for interim relief is dismissed.

2. The costs are reserved.

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 8
September 2004 by Hensotherm AB, Trelleborg (Sweden),
represented by Stefan Hallbäck, lawyer.

Rudolf Hensel GmbH, Börnsen (Germany), was also a party to
the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— refer the case back to the Board of Appeal of the Office for
Harmonisation for examination of the substance of the
applicant's appeal against the decision of the Cancellation
Division of 11 September 2003 on the ground of breach of
essential procedural requirements;

— in the alternative, examine the appeal against the Cancella-
tion Division's decision of 11 September 2003 and the
Board of Appeal's decision of 12 July 2004 and dismiss
Rudolf Hensel GmbH's application for a declaration of inva-
lidity of Community trade mark No 357 863;

— order the defendant to pay the costs.

Pleas in law and main arguments:

Registered Community
to
trade mark subject
an
for
application
declaration of invalidity:

Figurative mark ‘HENSOTHERM’
for goods in Classes 2 and 17
(paints,
sealing
insulation and
material) – Community trade mark
No 357 863

Proprietor
munity trade mark:

of

Com-

The applicant

Party seeking a declara-
tion of invalidity:

Rudolf Hensel GmbH