Source: EURLEX
Language: en
Format: md

10.8.2002 EN Official Journal of the European Communities C 191/25

**JUDGMENT OF THE COURT OF FIRST INSTANCE** with an address for service in Luxembourg, supported by
Eurobrom BV, established in Rijswijk (Netherlands), Lonza
**of 5 June 2002** GmbH, established in Wuppertal (Germany), Arch Chemicals SA, established in Paris, Troy Chemical Company BV,
**in Case T-198/00: Hershey Foods Corporation v Office** established in Maassluis (Netherlands), represented by K. Van
**for Harmonisation in the Internal Market (Trade Marks** Maldegem and C. Mereu, lawyers, with an address for service
**and Designs) (OHIM)** ( [1] ) in Luxembourg, against Commission of the European Communities (Agents: R. Wainwright and L. Ström) — application
for annulment of Commission Regulation (EC) No 1896/2000
_**(Community trade mark — Figurative mark ‘Kiss device**_
of 7 September 2000 on the first phase of the programme
_**with plume’ — Right to be heard — Article 73 of Regulation**_
referred to in Article 16(2) of Directive 98/8/EC of the
_**(EC) No 40/94 — Prior registration of the mark in certain**_
European Parliament and of the Council on biocidal products
_**Member States)**_
(OJ 2000 L 228, p. 6) — the Court of First Instance
(Second Chamber), composed of R.M. Moura Ramos, President,
(2002/C 191/42)
J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, has
made an order on 29 April 2002, the operative part of which
_(Language of the case: English)_ is as follows:

1. _The action is dismissed as being inadmissible._
In Case T-198/00, Hershey Foods Corporation, established in
Hershey, Pennsylvania (United States), represented by
R. Wyand, lawyer, with an address for service in Luxembourg, 2. _The applicant shall pay its own costs and those of the_
v Office for Harmonisation in the Internal Market (Trade Marks _Commission, including those relating to the proceedings for_
and Designs) (OHIM) (Agents: A. von Mühlendahl, J. Miranda _interim measures, but with the exception of those attributable_
de Sousa and A. Di Carlo): Action brought against the decision _to the interventions._
of the Third Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 29 May 3. _The interveners shall pay their own costs, and shall jointly and_
2000 (Case R 391/1999-3), the Court of First Instance (Second _severally pay those incurred by the defendant as a result of their_
Chamber), composed of: R.M. Moura Ramos, President, J. Pir- _interventions._
rung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 5 June 2002, in which
it: ( [1] ) OJ C 4 of 6.1.2001.

1. _Dismisses the application;_

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 302 of 21.10.2000.

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 27 May 2002**

**ORDER OF THE COURT OF FIRST INSTANCE** **in Case T-18/01 Anthony Goldstein v Commission of the**
**European Communities** ( [1] )
**of 29 April 2002**

_**(Application initiating proceedings — Formal requirements**_
**in Case T-339/00: Bactria Industriehygiene-Service Ver-**
_**— Competition — Rejection of complaint — Action mani-**_
**waltungs GmbH v Commission of the European Com-**
**munities** ( [1] ) _**festly inadmissible or manifestly unfounded)**_

_**(Regulation (EC) No 1896/2000 — Directive 98/8/EC —**_ (2002/C 191/44)
_**Biocidal products — Action for annulment — Inadmissibility**_
_**— Person individually concerned)**_
_(Language of the case: English)_

(2002/C 191/43)

_(Language of the case: English)_
In Case T-18/01 Anthony Goldstein, residing at Harrow,
Middlesex (United Kingdom), represented by R. St. John
Murphy, Solicitor, against Commission of the European ComIn Case T-339/00: Bactria Industriehygiene-Service Verwal- munities (Agent: P. Oliver), action for annulment of the
tungs GmbH, established in Kirchheimbolanden (Germany), Commission’s decision of 12 January 2001 rejecting the
represented by K. Van Maldegem and C. Mereu, lawyers, applicant’s complaint concerning the alleged infringement of