CELEX: C2002/191/42
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of First Instance of 5 June 2002 in Case T-198/00: Hershey Foods Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark "Kiss device with plume" — Right to be heard — Article 73 of Regulation (EC) No 40/94 — Prior registration of the mark in certain Member States)

10.8.2002              EN                      Official Journal of the European Communities                                           C 191/25
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               with an address for service in Luxembourg, supported by
                                                                          Eurobrom BV, established in Rijswijk (Netherlands), Lonza
                          of 5 June 2002                                  GmbH, established in Wuppertal (Germany), Arch Chemi-
                                                                          cals SA, established in Paris, Troy Chemical Company BV,
in Case T-198/00: Hershey Foods Corporation v Office                      established in Maassluis (Netherlands), represented by K. Van
for Harmonisation in the Internal Market (Trade Marks                     Maldegem and C. Mereu, lawyers, with an address for service
                     and Designs) (OHIM) (1)                              in Luxembourg, against Commission of the European Com-
                                                                          munities (Agents: R. Wainwright and L. Ström) — application
(Community trade mark — Figurative mark ‘Kiss device                      for annulment of Commission Regulation (EC) No 1896/2000
with plume’ — Right to be heard — Article 73 of Regulation                of 7 September 2000 on the first phase of the programme
(EC) No 40/94 — Prior registration of the mark in certain                 referred to in Article 16(2) of Directive 98/8/EC of the
                          Member States)                                  European Parliament and of the Council on biocidal products
                                                                          (OJ 2000 L 228, p. 6) — the Court of First Instance
                                                                          (Second Chamber), composed of R.M. Moura Ramos, President,
                         (2002/C 191/42)
                                                                          J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar, has
                                                                          made an order on 29 April 2002, the operative part of which
                   (Language of the case: English)                        is as follows:
In Case T-198/00, Hershey Foods Corporation, established in               1.    The action is dismissed as being inadmissible.
Hershey, Pennsylvania (United States), represented by
R. Wyand, lawyer, with an address for service in Luxembourg,              2.    The applicant shall pay its own costs and those of the
v Office for Harmonisation in the Internal Market (Trade Marks                  Commission, including those relating to the proceedings for
and Designs) (OHIM) (Agents: A. von Mühlendahl, J. Miranda                      interim measures, but with the exception of those attributable
de Sousa and A. Di Carlo): Action brought against the decision                  to the interventions.
of the Third Board of Appeal of the Office for Harmonisation
in the Internal Market (Trade Marks and Designs) of 29 May                3.    The interveners shall pay their own costs, and shall jointly and
2000 (Case R 391/1999-3), the Court of First Instance (Second                   severally pay those incurred by the defendant as a result of their
Chamber), composed of: R.M. Moura Ramos, President, J. Pir-                     interventions.
rung and A.W.H. Meij, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 5 June 2002, in which
it:                                                                       (1) OJ C 4 of 6.1.2001.
1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
(1) OJ C 302 of 21.10.2000.
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                    of 27 May 2002
      ORDER OF THE COURT OF FIRST INSTANCE                                in Case T-18/01 Anthony Goldstein v Commission of the
                                                                                              European Communities (1)
                        of 29 April 2002
                                                                          (Application initiating proceedings — Formal requirements
in Case T-339/00: Bactria Industriehygiene-Service Ver-
                                                                          — Competition — Rejection of complaint — Action mani-
waltungs GmbH v Commission of the European Com-
                                                                                    festly inadmissible or manifestly unfounded)
                            munities (1)
(Regulation (EC) No 1896/2000 — Directive 98/8/EC —                                                 (2002/C 191/44)
Biocidal products — Action for annulment — Inadmissibility
               — Person individually concerned)
                                                                                              (Language of the case: English)
                         (2002/C 191/43)
                   (Language of the case: English)                        In Case T-18/01 Anthony Goldstein, residing at Harrow,
                                                                          Middlesex (United Kingdom), represented by R. St. John
                                                                          Murphy, Solicitor, against Commission of the European Com-
In Case T-339/00: Bactria Industriehygiene-Service Verwal-                munities (Agent: P. Oliver), action for annulment of the
tungs GmbH, established in Kirchheimbolanden (Germany),                   Commission’s decision of 12 January 2001 rejecting the
represented by K. Van Maldegem and C. Mereu, lawyers,                     applicant’s complaint concerning the alleged infringement of