Source: EURLEX
Language: en
Format: md

20.3.2004 EN Official Journal of the European Union C 71/43

Pleas in law: Infringement of articles 43 and
15 of Regulation 40/94 ( [1] ).

( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark (OJ 11, p. 1).

**Action brought on 2 February 2004 by Association de la**
**Presse Internationale a.s.b.l. (‘API’) against the Com-**
**mission of the European Communities**

**(Case T-36/04)**

(2004/C 71/74)

_(Language of the case: English)_

An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 2 February 2004 by Association
de la Presse Internationale a.s.b.l. (‘API’), Brussels, Belguim,
represented by Mr S. Völcker, Mr F. Louis and Mr J. Heithecker,
lawyers.

The applicant claims that the Court should:

—
Annul Commission Decision D(2003) 30621 of 20 November 2003 in its entirety and;

— Order the Commission to bear the costs.

_Pleas in law and main arguments_

The applicant is a non-profit organisation of foreign journalists
based in Belgium, aiming to assist its members in reporting
back to their home countries about the European Union. It
applied to the Commission for access to all the submissions
made by the Commission in the course of certain proceedings
before the European Court of Justice and the European Court
of First Instance. Such access was denied by the contested
decision.

In support of its application the applicant invokes an infringement of Articles 2 and 4, paragraph 2, of Regulation 1049/

2001 ( [1] ). According to the applicant article 4 paragraph 2 of
Regulation 1049/2001 does not justify a blanket exclusion of
the Commission’s pleadings from the principle of open access
to Community documents, nor does it give the Commission
the right to refuse access to its pleadings merely because the
matter itself or related proceedings are still pending.

( [1] ) Regulation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission documents,
Official Journal L 145, 31/05/2001 P. 43-48.

**Removal from the register of Case T-89/02** ( [1] )

(2004/C 71/75)

_(Language of the Case: English)_

By order of 25 November 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-89/02: Check Point Softward Limited v Office for the
Harmonisation of the Internal Market (Trade Marks and
Design) (OHIM).

( [1] ) OJ C 156 of 29.6.2002.

**Removal from the register of Case T-307/02** ( [1] )

(2004/C 71/76)

_(Language of the Case: German)_

By order of 19 November 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-307/02: Altana Pharma AG v Office for the Harmonisation
of the Internal Market (Trade Marks and Design) (OHIM).

( [1] ) OJ C 305 of 7.12.2002.