CELEX: C2001/369/20
Language: en
Date: 2001-12-22 00:00:00
Title: Order of the President of the Court of First Instance of 9 August 2001 in Case T-120/01 R: Carlo De Nicola v European Investment Bank (Procedure for interim relief — Suspension from duties — Fumus boni juris — Urgency — None)

22.12.2001            EN                       Official Journal of the European Communities                                       C 369/13
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                              Pleas in law and main arguments
                           INSTANCE
                       of 9 August 2001                                   The pleas in law and main arguments are the same as those
                                                                          in Case T-216/01 (ReiseBank AG v Commission, not yet
                                                                          published).
in Case T-120/01 R: Carlo De Nicola v European Invest-
                           ment Bank
(Procedure for interim relief — Suspension from duties —
           Fumus boni juris — Urgency — None)
                        (2001/C 369/20)
                                                                          Action brought on 18 September 2001 by Alcon Univer-
                                                                          sal Ltd against the Office for Harmonisation in the Internal
                  (Language of the case: Italian)                                                      Market
                                                                                                  (Case T-237/01)
In Case T-120/01 R: Carlo De Nicola, residing in Rome,
represented by L. Isola, avocat, against European Investment
Bank (Agents: C. Gómez de la Cruz and C. Camilli) —                                              (2001/C 369/22)
application for suspension of the operation of a number of
measures adopted by the EIB concerning the applicant — the                                  (Language of the case: English)
President of the Court of First Instance has made an order on
9 August 2001, in which he:
1.   Dismissed the application for interim relief;                        An action against the Office for Harmonisation in the Internal
                                                                          Market was brought before the Court of First Instance of the
2.   Ordered that the costs be reserved.                                  European Communities on 18 September 2001 by Alcon
                                                                          Universal Ltd, represented by Hamish Porter of Theodore
                                                                          Goddard, London (United Kingdom).
                                                                          A further party to the proceedings before the Board of Appeal
                                                                          was Dr. Robert Winzer Pharma GmbH.
Action brought on 24 September 2001 by the Commerz-
bank AG against the Commission of the European Com-
                                                                          The applicant claims that the Court should:
                             munities
                                                                          —     .annul the decision of 18 July 2001 of the Board of
                        (Case T-219/01)                                         Appeal in case R0273/2000-1 and require the Office to
                                                                                refuse the cancellation of the Community trade mark.
                        (2001/C 369/21)
                                                                          —     order the Office to pay the costs.
                 (Language of the case: German)
                                                                          Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2001 by Commerz-
bank AG, Frankfurt am Main (Germany), represented by
H. Satzky and B. Maassen, Rechtsanwälte.                                  Proprietor of the Com-        Alcon Universal Ltd.
                                                                          munity trade mark:
The applicant claims that the Court should:                               The Community trade           word mark ‘BSS’ for certain goods
                                                                          mark concerned:               in class 5 (registration no 90134)
—    annul the Commission Decision of 17 August 2001 in
     Case COMP/E-1/37.919 addressed to the applicant relat-               Applicant for the declar-     Dr Robert Winzer Pharma GmbH.
     ing to the refusal of a supplementary request to see                 ation for invalidity:
     documents;
                                                                          Decision of the Cancel-       Invalidity of the Community trade
—    order the Commission to pay the costs.                               lation Division:              mark