CELEX: C2003/275/72
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court of First Instance of 17 September 2003 in Case T-71/02: Classen Holding KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (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)

C 275/44                EN                          Official Journal of the European Union                                        15.11.2003
applicant in December 1996 and September 1997, the Court                    1.     Dismisses the application.
of First Instance (Third Chamber), composed of: K. Lenaerts,
President, J. Azizi and M. Jaeger, Judges; J. Plingers, Adminis-
                                                                            2.     Orders the applicant to pay the costs.
trator, for the Registrar, has given a judgment on 18 September
2003, in which it:
                                                                            (1) OJ C 156 of 29.6.2002.
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-76/02: Mara Messina v Commission of the
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                      European Communities (1)
                       of 17 September 2003                                 (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)
in Case T-71/02: Classen Holding KG v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs)
                             (OHIM) (1)                                                               (2003/C 275/73)
(Community trade mark — Admissibility of appeal before
the Board of Appeal — Formal requirements — Filing of a                                          (Language of the case: Italian)
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)
                                                                            In Case T-76/02, Mara Messina, residing at Naples (Italy),
                          (2003/C 275/72)                                   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
                    (Language of the case: English)
                                                                            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
In Case T-71/02, Classen Holding KG, established in Essen                   (Fourth Chamber, Extended Composition), composed of: V. Tii-
(Germany), represented by S. von Petersdorff-Campen, lawyer,                li, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vila-
with an address for service in Luxembourg, v Office for                     ras, Judges; J. Palacio González, Principal Administrator, for
Harmonisation in the Internal Market (Trade Marks and                       the Registrar, has given a judgment on 17 September 2003, in
Designs) (OHIM) (Agent: S. Laitinen), the intervener before                 which it:
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                   1.     Dismisses the action.
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)                        2.     Orders the applicant to bear half her own costs. Orders the
declaring inadmissible, following rejection of the application                     Commission to bear its own costs and to pay half of the
for restitutio in integrum, the appeal brought against the                         applicant’s costs.
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,            (1) OJ C 109 of 4.5.2002.
President, P. Mengozzi and M. Vilaras, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
17 September 2003, in which it: