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 European 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)
Date: 2005-02-05
Institutions: Court of First Instance
Subjects: Italy, State aid, action for annulment (EU), competition law, control of State aid, industrial equipment

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