Source: EURLEX
Language: en
Format: md

C 275/44 EN Official Journal of the European Union 15.11.2003

applicant in December 1996 and September 1997, the Court
of First Instance (Third Chamber), composed of: K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 18 September
2003, in which it:

1. _Annuls the Commission’s decision of 16 October 2001_
_refusing the applications for co-financing made by the applicant_
_in December 1996 and September 1997._

2. _Orders the Commission to pay the costs of the applicant in_
_addition to its own costs._

( [1] ) OJ C 56 of 2.3.2002.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 17 September 2003**

**in Case T-71/02: Classen Holding KG v Office for Harmon-**
**isation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Admissibility of appeal before**_
_**the Board of Appeal — Formal requirements — Filing of a**_
_**written statement setting out the grounds of appeal — Time-**_
_**limit for applying for restitutio in integrum — Articles 59**_
_**and 78 of Regulation No 40/94)**_

(2003/C 275/72)

_(Language of the case: English)_

In Case T-71/02, Classen Holding KG, established in Essen
(Germany), represented by S. von Petersdorff-Campen, lawyer,
with an address for service in Luxembourg, v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agent: S. Laitinen), the intervener before
the Court of First Instance being International Paper Co.,
established in New York, New York (United States of America),
represented by E. Armijo Chávarri, lawyer: Action brought
against the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 14 December 2001 (Case R 810/1999-2)
declaring inadmissible, following rejection of the application
for restitutio in integrum, the appeal brought against the
decision of the Opposition Division in opposition proceedings
between Classen Holding KG and International Paper Co., the
Court of First Instance (Fourth Chamber), composed of: V. Tiili,
President, P. Mengozzi and M. Vilaras, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
17 September 2003, in which it:

1. _Dismisses the application._

2. _Orders the applicant to pay the costs._

( [1] ) OJ C 156 of 29.6.2002.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 17 September 2003**

**in Case T-76/02: Mara Messina v Commission of the**
**European Communities** ( [1] )

_**(Regulation (EC) No 1049/2001 — Access to documents —**_
_**Non-disclosure of a document originating from a Member**_
_**State without the prior agreement of that State)**_

(2003/C 275/73)

_(Language of the case: Italian)_

In Case T-76/02, Mara Messina, residing at Naples (Italy),
represented by M. Calabrese, lawyer, v Commission of the
European Communities (Agents: U. Wölker, V. Di Bucci and
P. Aalto): Application for annulment of the Commission’s
decision refusing the applicant access to certain documents
relating to the State aid scheme which was the subject of the
Commission’s Decision of 2 August 2000 (State Aid N 715/
99 — Italy (SG 2000 D/10574), the Court of First Instance
(Fourth Chamber, Extended Composition),composed of: V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras, Judges; J. Palacio González, Principal Administrator, for
the Registrar, has given a judgment on 17 September 2003, in
which it:

1. _Dismisses the action._

2. _Orders the applicant to bear half her own costs. Orders the_
_Commission to bear its own costs and to pay half of the_
_applicant’s costs._

( [1] ) OJ C 109 of 4.5.2002.