Source: EURLEX
Language: en
Format: md

13.12.2003 EN Official Journal of the European Union C 304/29

3. _The interveners are to bear their own costs._

( [1] ) OJ C 166 of 30.5.1998.

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 29 September 2003**

**in Case T-183/01: Alza Corporation v Office for Harmon-**
**isation in the Internal Market (Trade Marks and Designs)**
**(OHIM)** ( [1] )

_**(Community trade mark — Opposition — Amicable settle-**_
_**ment — No need to adjudicate)**_

(2003/C 304/53)

_(Language of the case: English)_

In Case T-183/01, Alza Corporation, established in Mountain
View, California (United States of America), represented by
M. Edenborough, 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: HEXAL
AG, established in Holzkirchen (Germany), represented by A.
Spranger, 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 23 May
2001 (Case R 321/1999-2) relating to opposition proceedings
between Alza Corporation and Hexal AG, 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 longer any need to adjudicate on this action._

2. _The applicant shall bear its own costs, as well as those of the_
_defendant._

3. _The intervener shall bear its own costs._

( [1] ) OJ C 317 of 10.11.2001.

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 30 September 2003**

**in Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika**
**Ergastiria Anonimos Viomichaniki kai Emporiki Eteria**
**against Office for Harmonisation in the Internal Market**
**(Trade Marks and Designs) (OHIM)** ( [1] )

_**(Community trade mark — Opposition — Amicable settle-**_
_**ment — Not necessary to give judgment)**_

(2003/C 304/54)

_(Language of the case: French)_

In Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika
Ergastiria Anonimos Viomichaniki kai Emporiki Eteria (UniPharma ABEE), established in Kato Kifisia, Attica (Greece),
represented by M. Bra and E. Gioti-Manthou, lawyers, with
an address for service in Luxembourg, against Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (Agents: O. Montalto, E. Joly and O. Waelbroeck), with BIOFARMA S.A., established in Neuilly-sur Seine
(France) and represented by V. Gil Vega and A. Ruiz López,
lawyers, intervening before the Court of First Instance —
action brought against the decision of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 27 February 2002 (Case R 725/
2000-4) relating to opposition proceedings between UniPharma Kleon Tsetis Farmakeftika Ergastiria Anonimos Viomichaniki kai Emporiki Eteria (Uni-Pharma ABEE) and
BIOFARMA S.A. — the Court of First Instance (Fourth
Chamber), composed of V. Tiili, President, P. Mengozzi and
M. Vilaras, Judges; H. Jung, Registrar, made an order on
30 December 2003, the operative part of which is as follows:

1. _It is no longer necessary to give judgment on the present_
_application._

2. _The applicant shall bear its own costs and those of OHIM._

3. _The intervener shall bear its own costs._

( [1] ) OJ C 202, 24.8.2002.