Order of the Court of First Instance of 29 June 2005 in Case T-274/03: Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Withdrawal of the application for registration — No need to proceed to judgment)
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, trade-mark law

C 229/18

EN

Official Journal of the European Union

17.9.2005

ORDER OF THE COURT OF FIRST INSTANCE

of 9 June 2005

in Case T-265/03 Helm Düngemittel GmbH v Commission
of the European Communities (1)

(Food aid — Partial seizure of delivery guarantee — Request
for repayment of the sum seized — Arbitration clause —
Action for annulment — Inadmissibility)

(2005/C 229/37)

(Language of the case: German)

In Case T-265/03: Helm Düngemittel GmbH, established in
Hamburg (Germany), represented by W. Waschmann, lawyer,
against the Commission of the European Communities (Agents:
G. Berscheid and M. Niejahr, with an address for service in
Luxembourg) — action seeking annulment of
the decision
allegedly contained in a letter from the Commission of 23 May
2003 concerning the seizure of part of the delivery guarantee
provided by the applicant on grounds of delay in the delivery
of fertilizer supplied as part of a food aid action for the benefit
of North Korea carried out pursuant to Commission Regulation
(EC) No 2519/97 of 16 December 1997 laying down general
rules for the mobilisation of products to be supplied under
Council Regulation (EC) No 1292/96 as Community food aid
(OJ 1997 L 346, p. 23) — the Court of First Instance (Third
J. Azizi and
Chamber), composed of M.
E. Cremona, Judges; H. Jung, Registrar, made an order on 9
June 2005, the operative part of which is as follows:

Jaeger, President,

1. The application is dismissed as inadmissible.

2. The applicant shall bear the costs.

(1) OJ C 239 of 4.10.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 29 June 2005

in Case T-274/03: Focus Magazin Verlag GmbH v Office
for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (1)

(Community trade mark — Opposition — Withdrawal of the
application for registration — No need to proceed to judg-
ment)

(2005/C 229/38)

(Language of the case: French)

the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) (Agents: B. Müller and A. Folliard-
Monguiral), the other party before the Board of Appeal of
OHIM and intervener before the Court of First Instance being
France Télécom SA, established in Paris (France), represented by
D. Marty, lawyer — against brought against the decision of the
Fourth Board of Appeal of OHIM of 30 April 2003 (Case R
849/2001-4),
concerning opposition proceedings between
Focus Magazin Verlag GmbH and France Télécom SA — the
Court of First
Instance (Third Chamber), composed of M.
Jaeger, President, V. Tiili and O. Czúcz, Judges; H. Jung, Regis-
trar, made an order on 29 June 2005, the operative part of
which is as follows:

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

2. The parties shall bear their own costs.

(1) OJ C 264 of 1.11.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 8 June 2005

in Case T-287/03 Società imballaggi metallici Salerno Srl
(SIMSA) v Commission of the European Communities (1)

(Action for annulment — Access to documents — Regulation
(EC) No 1049/2001 — No disclosure of a document
emanating from a Member State without the prior consent of
that State)

(2005/C 229/39)

(Language of the case: Italian)

In Case T-274/03: Focus Magazin Verlag GmbH, established in
Munich (Germany), represented by U. Gürtler, lawyer, against

In Case T-287/03: Società imballaggi metallici Salerno Srl
(SIMSA), established in Portici
represented by M.
(Italy),
Calabrese,
lawyer, against the Commission of the European
Communities (Agents: V. Di Bucci and P. Aalto) — Application