CELEX: C2003/304/55
Language: en
Date: 2003-12-13 00:00:00
Title: Order of the Court of First Instance of 29 September 2003 in Case T-354/02: Bristol-Myers Squibb International Corporation v Commission of the European Communities (Action for annulment — Withdrawal of the contested measure — No need to adjudicate)

C 304/30                EN                          Official Journal of the European Union                                       13.12.2003
      ORDER OF THE COURT OF FIRST INSTANCE                                  The applicant claims that the Court should:
                     of 29 September 2003
                                                                            —     annul the decision of the Fourth Board of Appeal of the
in Case T-354/02: Bristol-Myers Squibb International                              Office for Harmonisation in the Internal Market (Trade
Corporation v Commission of the European Communi-                                 Marks and Designs) of 17 June 2003 in Appeal R 610/
                                ties (1)                                          2001-4;
(Action for annulment — Withdrawal of the contested
               measure — No need to adjudicate)                             —     order the defendant to pay the costs of the proceedings.
                         (2003/C 304/55)
                   (Language of the case: English)
In Case T-354/02: Bristol-Myers Squibb International Corpor-                Pleas in law and main arguments
ation, established in Brussels (Belgium), represented by
D. Anderson QC, K. Bacon, barrister, and I. Dodds-Smith,
solicitor, against Commission of the European Communities
(Agents: X. Lewis and H.C. Støvlbaek) — application for                     Applicant for Com-           Volkswagen AG.
annulment of Commission Decision C(2002)3370 of 9 Sep-                      munity trade mark:
tember 2002 concerning the placing on the market of the
medicinal products for human use which contain the substance
‘Captopril’ — the Court of First Instance (Fourth Chamber),                 Community trade mark         The word mark ‘VARIANT’ for
composed of V. Tiili, President, P. Mengozzi and M. Vilaras,                applied for:                 goods and services in Classes 7,
Judges; H. Jung, Registrar, has made an order on 29 September                                            12 and 37 (inter alia, motors and
2003, the operative part of which is as follows:                                                         their parts, vehicles and repair).
1.    There is no need to adjudicate on the action;
                                                                            Proprietor of mark or        Nacional Motor S.A.
2.    The Commission is to bear its own costs and to pay those of the       sign cited in the oppo-
      applicant.                                                            sition proceedings:
(1) OJ C 44 of 22.2.2003.
                                                                            Mark or sign cited in        The Spanish word marks ‘DERBI-
                                                                            opposition:                  VARIANT’, ‘DERBI VARIANT’,
                                                                                                         and ‘VARIANTDERBI’ for goods
                                                                                                         in Class 12 (inter alia vehicles).
Action brought on 15 September 2003 by Volkswagen                           Decision of the Oppo-        Rejection of the opposition.
AG against the Office for Harmonisation in the Internal                     sition Division:
              Market (Trade Marks and Designs)
                          (Case T-317/03)                                   Decision of the Board of     Annulment of the decision of the
                                                                            Appeal:                      Opposition Division and rejection
                         (2003/C 304/56)                                                                 of the application.
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was           Pleas in law:                —     Infringement of Article 74(1)
                           drafted: German)                                                                    of Regulation (EC) No 40/
                                                                                                               94;
                                                                                                         —     Misapplication               of
An action against the Office for Harmonisation in the Internal                                                 Article 8(1)(b) of Regulation
Market (Trade Marks and Designs) was brought before the                                                        (EC) No 40/94.
Court of First Instance of the European Communities on
15 September 2003 by Volkswagen AG, Wolfsburg (Ger-
many), represented by S. Risthaus, lawyer. Nacional Motor
S.A., Martorelles (Spain), was also a party to the proceedings
before the Board of Appeal.