Source: EURLEX
Language: en
Format: md

C 304/30 EN Official Journal of the European Union 13.12.2003

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 29 September 2003**

**in Case T-354/02: Bristol-Myers Squibb International**
**Corporation v Commission of the European Communi-**
**ties** ( [1] )

_**(Action for annulment — Withdrawal of the contested**_
_**measure — No need to adjudicate)**_

(2003/C 304/55)

_(Language of the case: English)_

In Case T-354/02: Bristol-Myers Squibb International Corporation, established in Brussels (Belgium), represented by
D. Anderson QC, K. Bacon, barrister, and I. Dodds-Smith,
solicitor, against Commission of the European Communities
(Agents: X. Lewis and H.C. Støvlbaek) — application for
annulment of Commission Decision C(2002)3370 of 9 September 2002 concerning the placing on the market of the
medicinal products for human use which contain the substance
‘Captopril’ — the Court of First Instance (Fourth Chamber),
composed of V. Tiili, President, P. Mengozzi and M. Vilaras,
Judges; H. Jung, Registrar, has made an order on 29 September
2003, the operative part of which is as follows:

1. _There is no need to adjudicate on the action;_

2. _The Commission is to bear its own costs and to pay those of the_
_applicant._

( [1] ) OJ C 44 of 22.2.2003.

**Action brought on 15 September 2003 by Volkswagen**
**AG against the Office for Harmonisation in the Internal**
**Market (Trade Marks and Designs)**

**(Case T-317/03)**

(2003/C 304/56)

_(Language of the case to be determined pursuant to Article 131(2)_
_of the Rules of Procedure — language in which the application was_
_drafted: German)_

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
15 September 2003 by Volkswagen AG, Wolfsburg (Germany), represented by S. Risthaus, lawyer. Nacional Motor
S.A., Martorelles (Spain), was also a party to the proceedings
before the Board of Appeal.

The applicant claims that the Court should:

—
annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 17 June 2003 in Appeal R 610/
2001-4;

—
order the defendant to pay the costs of the proceedings.

_Pleas in law and main arguments_

Applicant for Com- Volkswagen AG.
munity trade mark:

Community trade mark The word mark ‘VARIANT’ for
applied for: goods and services in Classes 7,
12 and 37 (inter alia, motors and
their parts, vehicles and repair).

Proprietor of mark or Nacional Motor S.A.
sign cited in the opposition proceedings:

Mark or sign cited in The Spanish word marks ‘DERBIopposition: VARIANT’, ‘DERBI VARIANT’,
and ‘VARIANTDERBI’ for goods
in Class 12 (inter alia vehicles).

Decision of the Oppo- Rejection of the opposition.
sition Division:

Decision of the Board of Annulment of the decision of the
Appeal: Opposition Division and rejection
of the application.

Pleas in law: — Infringement of Article 74(1)
of Regulation (EC) No 40/
94;

— Misapplication of
Article 8(1)(b) of Regulation
(EC) No 40/94.