Order of the Court of First Instance of 10 March 2005 in Case T-184/01 IMS Health, Inc. v Commission of the European Communities (Action for annulment — Suspension of application then withdrawal of the contested decision in the course of the proceedings — No need to give a decision)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), intellectual property, medical data, sale

C 155/20

EN

Official Journal of the European Union

25.6.2005

1. The action is dismissed in part as inadmissible in so far as it was

2. Gardena Hotels Srl shall bear its own costs.

brought by Mingardi Srl and Marsilio Editori SpA.

2. Mingardi Srl and Marsilio Editori SpA shall bear their own costs.

3. The Commission shall bear the costs it has incurred to date in
connection with the action in so far as it was brought by Mingardi
Srl and Marsilio Editori SpA.

4. The Italian Republic shall bear the costs it has incurred in connec-
tion with the action in so far as it was brought by Mingardi Srl
and Marsilio Editori SpA.

3. The Comitato Venezia Vuole Vivere shall bear its own costs and
the Commission's costs incurred to date in connection with the
action in so far as it was brought by the Comitato Venezia Vuole
Vivere.

4. The Commission shall bear the costs it has incurred to date in
connection with the action in so far as it was brought by Gardena
Hotels Srl.

5. The remainder of the costs are reserved.

(1) OJ C 355 of 9.12.2000.

5. The remainder of the costs are reserved.

(1) OJ C 372 of 23.12.2000.

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 10 March 2005

of 10 March 2005

in Case T-288/00 Gardena Hotels Srl and Others v
Commission of the European Communities (1)

(State aid — Commission decision declaring incompatible
with the common market unlawful aid schemes and requiring
repayment of incompatible aid — National procedure for
repayment precluded — Action for annulment — No legal
interest in bringing proceedings — Inadmissibility)

in Case T-184/01 IMS Health, Inc. v Commission of the
European Communities (1)

(Action for annulment — Suspension of application then
withdrawal of the contested decision in the course of the
proceedings — No need to give a decision)

(2005/C 155/39)

(2005/C 155/40)

(Language of the case: Italian)

(Language of the case: English)

In Case T-288/00: Gardena Hotels Srl, Principessa Srl and
Comitato Venezia Vuole Vivere, established in Venice (Italy),
represented by A. Bianchini, lawyer, with an address for service
in Luxembourg, against Commission of the European Commu-
nities (Agent: V. Di Bucci and A. Dal Ferro, lawyer, with an
address for service in Luxembourg) — action for annulment of
Commission Decision 2000/394/EC of 25 November 1999 on
aid to firms in Venice and Chioggia by way of relief from social
security contributions under Laws Nos 30/1997 and 206/1995
(OJ 2000 L 150, p. 50) — the Court of First Instance (Second
J. Pirrung,
Chamber, Extended Composition), composed of
President, A.W.H. Meij, N.J. Forwood, I. Pelikánová, S. Papa-
savvas, Judges; H. Jung, Registrar, made an order on 10 March
2005, the operative part of which is as follows:

1. The action is dismissed in part as inadmissible in so far as it was
brought by Gardena Hotels Srl and the Comitato Venezia Vuole
Vivere .

In Case T-184/01: IMS Health,
Inc., established in Fairfield,
Connecticut (United States), represented by N. Levy, J. Temple-
Lang, Solicitors, and R. O'Donoghue, Barrister, against
the
Commission of the European Communities (Agents: initially by
A. Whelan, É. Gippini Fournier and F. Siredey-Garnier, and
subsequently by A. Whelan, acting as Agents, with an address
for service in Luxembourg, supported by NDC Health Corp.,
formerly National Data Corp., established in Atlanta, Georgia
(United States), (represented initially by I. Forrester QC, F. Fine,
Solicitor, C. Price and A. Gagliardi, lawyers, and subsequently
by C. Price, J. Bourgeois, lawyers, and F. Fine, and lastly by F.
Fine), and NDC Health GmbH & Co. KG, established in Bad
Camberg (Germany), (represented initially by I. Forrester QC, F.
Fine and M. Powell, Solicitors, C. Price and A. Gagliardi,
lawyers, and subsequently by F. Fine, C. Price and J. Bourgeois,
lawyers, and lastly by F. Fine), and by AzyX Deutschland
GmbH Geopharma Information Services, established in

25.6.2005

EN

Official Journal of the European Union

C 155/21

2. The applicant shall pay the costs.

(1) OJ C 171 of 19.7.2003.

Neu-Isenburg (Germany), (represented initially by G. Vander-
sanden, L. Levi and D. Dugois, lawyers, and subsequently by G.
Vandersanden and L. Levi) — APPLICATION for annulment of
Commission Decision 2002/165/EC of 3 July 2001 relating to
to Article 82 EC (Case COMP D3/
a proceeding pursuant
38.044 — NDC Health/IMS Health:
(OJ
2002 L 59, p. 18), — the Court of First
Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Šváby, Judges; H. Jung, Registrar, made an order on 10
March 2005, the operative part of which is as follows:

Interim measures)

1. There is no need to give a decision in the present action.

2. Each party shall bear its own costs, including the costs incurred in

connection with the application for interim measures.

ORDER OF THE COURT OF FIRST INSTANCE

(1) OJ C 303 of 27.10.2001.

of 2 March 2005

in Case T-305/03 Opus Dent GmbH v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition — Opposition with-
drawn — No need to give judgment)

ORDER OF THE COURT OF FIRST INSTANCE

(2005/C 155/42)

of 28 February 2005

(Language of the case: German)

in Case T-108/03 Elisabeth von Pezold v Commission of
the European Communities (1)

(EAGGF — Forestry — Decision approving a rural develop-
ment programming document — Action for annulment —
Natural and legal persons — Measures of individual concern
to them — Lack of competence — Inadmissibility)

(2005/C 155/41)

(Language of the case: German)

resident

In Case T-108/03: Elisabeth von Pezold,
in Pöls
lawyer, against the
(Austria), represented by R. von Pezold,
Commission of the European Communities (Agent: G. Braun,
with an address for service in Luxembourg) — action for
partial annulment of the Commission's decision of 14 July
2000 approving the rural development programming docu-
ment for the Republic of Austria for the period 2000-2006 —
the Court of First Instance (Third Chamber), composed of M.
Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung, Regis-
trar, has made an order on 28 February 2005, the operative
part of which is as follows:

1. The action is dismissed.

In Case T-305/03: Opus Dent GmbH, established in Freising
(Germany),
represented by P.J.A. Munzinger and S. Abel,
lawyers, against Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (Agent: B. Müller), the inter-
vener before the Court being Dornier MedTech Systems GmbH
(formerly: Dornier Medizintechnik GmbH),
established at
Weβling (Germany), represented by J. Kroher and A. Hetten-
lawyers — action brought against the decision of the
kofer,
Second Board of Appeal of OHIM of 23 June 2003 (Case R
579/2002-2), relating to opposition proceedings between Opus
Dent GmbH and Dornier MedTech Systems GmbH — the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung,
Registrar, made an order on 2 March 2005, the operative part
of which is as follows:

1. There is no need to give judgment on the action.

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

shall each pay half of those incurred by the defendant.

(1) OJ C 275, 15.11.2003.