Source: EURLEX
Language: en
Format: md

29.11.2003 EN Official Journal of the European Union C 289/23

L. Levi, avocats, against the Court of Justice of the European
Communities (Agent: M. Schauss) — application for annulment of the decision of the appointing authority of 11 March
2002 rejecting the applicant’s candidature for the administrator’s post referred to in notice of vacancy CJ 62/01 — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,
President, P. Mengozzi and M. Vilaras, Judges; D. Christensen,
Administrator, Registrar, has given a judgment on 30 September 2003 in which it:

1. _Dismisses the action;_

2. _Orders the parties to bear their own costs._

( [1] ) OJ C 305 of 7 December 2002.

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 3 July 2003**

**in Case T-10/01: Lichtwer Pharma AG v Office for**
**Harmonisation in the Internal Market (Trade Marks and**
**Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition — Opposition**_
_**withdrawn — No need to adjudicate)**_

(2003/C 289/49)

_(Language of the case: German)_

In Case T-10/01, Lichtwer Pharma AG, established in Berlin,
represented by H.P. Kunz-Hallstein and R. Kunz-Hallstein,
lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: O. Walbroeck and
G. Schneider), Biofarma, formerly Orsem SARL, established in
Neuilly-sur-Seine (France), represented by V. Gil Vega and
A. Ruiz López, lawyers: Appeal against the decision of the
Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 8 November
2000 (Case R 586/1999-2) relating to opposition proceedings
between Lichtwer Pharma AG and Biofarma, the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung andA.W.H. Meij, Judges; H. Jung, Registrar,
has made an order on 3 July 2003, the operative part of which
is as follows:

1. _There is no need to adjudicate._

2. _The applicant and the intervener must be ordered to bear their_
_own costs and to pay the costs incurred by the defendant._

( [1] ) OJ C 161 of 2.6.2001.

**ORDER OF THE PRESIDENT OF THE COURT OF FIRST**

**INSTANCE**

**of 1 August 2003**

**in Case T-198/01 R Technische Glaswerke Ilmenau GmbH**
**v Commission of the European Communities**

_**(Proceedings for interim measures — State aid— Obligation**_
_**to recover aid — Prima facie case — Urgency — Weighing**_
_**up of interests — Exceptional circumstances — Provisional**_
_**suspension)**_

(2003/C 289/50)

_(Language of the case: German)_

In Case T-198/01 R: Technische Glaswerke Ilmenau GmbH,
established at Ilmenau, (Germany), represented by G. Schohe
and C. Arhold, lawyers, with an address for service in
Luxembourg, against Commission of the European Communities (Agents: V. Di Bucci and V. Kreuschitz), supported by
Schott Glas, established at Mainz (Germany), represented by
U. Soltész, lawyer — application for extension of the suspension of the operation, ordered in this case by order of the
President of the Court of First Instance of 4 April 2002, of
Article 2 of Commission Decision 2002/185/EC of 12 June
2001 on State aid implemented by Germany for Technische
Glaswerke Ilmenau GmbH (OJ 2000 L 62, p. 30) — the
President of the Court of First Instance has made an order on
1 August 2003 in which he:

1. _Suspends the operation until 17 February 2004 of Article 2 of_
_Commission Decision 2002/185/EC of 12 June 2001 on_
_State aid C 44/2001 implemented by Germany for Technische_
_Glaswerke Ilmenau GmbH;_

2. _Makes that suspension subject to the following conditions: first,_
_that the four conditions laid down in the second point of the_
_operative part of the order made today in Case T-378/02 R_
_should be satisfied by the applicant, especially as regards the_
_dates fixed therein; second, that the applicant should before_
_31 December 2003 at the latest repay to the Bundesanstalt für_
_Vereinigungsbedingte Sonderaufgaben an additional sum of_
_EUR 256 000 and that it should lodge at the Registry of the_
_Court of First Instance and at the Commission, within one week_
_of making that payment, and by 7 January 2004 at the latest,_
_written proof of that payment; third, that it should lodge at the_
_Registry of the Court of First Instance and at the Commission,_
_by 6 February 2004 at the latest, a detailed report drawn up_
_by an accountant on its financial situation at 31 December_
_2003 and, in particular, the additional sum which it would be_
_able to pay by 30 June 2004 at the latest, if judgment in the_
_case in the main proceedings should not have been given by_
_that lastmentioned date._