Order of the Court of First Instance of 2 March 2005 in Case T-305/03 Opus Dent GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Opposition withdrawn — No need to give judgment)
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medical device, trade-mark law

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.