CELEX: C1999/001/31
Language: en
Date: 1999-01-04 00:00:00
Title: Action brought on 6 October 1998 by The Procter & Gamble Company against the Office for Harmonisation in the Internal Market (OHIM) (Case T-163/98) (1999/C 1/31)

4.1.1999             EN                Official Journal of the European Communities                                      C 1/15
              ORDER OF THE PRESIDENT                              Ð order the Office to accord a filing date to Community
          OF THE COURT OF FIRST INSTANCE                               trade mark application No 000200006, submitted on
                                                                       19 April 1996;
                     of 23 October 1998
in Case T-100/98 R: Anthony Goldstein v. Commission of
                 the European Communities                         Ð order the Office to pay all the costs.
  (Interlocutory proceedings Ð Admissibility Ð Urgency)
                        (1999/C 1/30)                             Pleas in law and main arguments adduced in support:
               (Language of the case: English)                    Trade mark           Baby Dry' Ð
                                                                  concerned:           Application No 000200006.
                                                                  Product of           diapers for babies
In Case T-100/98 R: Anthony Goldstein, residing in                service:
Harrow, Middlesex, England, represented by Raymond St             Decision             refusal of registration by the examiner
John Murphy, Solicitor, Merriman White, 3 King's Bench            contested before
Walk, Inner Temple, London, against Commission of the             the Board of
European Communities (Agent: Richard Lyal) Ð                      Appeal:
application for interim measures in the context of an
                                                                  Pleas in law         Ð infringement of      Article 7(1)(b) of
action seeking compensation for the damage which the
                                                                  relied on:               Regulation (EC)   No 40/94
applicant claims to have suffered as a result of the
                                                                                       Ð infringement of      Article 7(1)(c) of
publication, under the Commission's responsibility, of a
                                                                                           Regulation (EC)   No 40/94
fact sheet concerning the recognition of diplomas and
qualifications for general and specialist medical                 Alternatively:       Ð infringement of Articles 7(3) and
practitioners Ð the President of the Court of First                                        62 of Regulation (EC) No 40/94
Instance made an order on 23 October 1998, the
operative part of which is as follows:
1. The application for interim measures is dismissed.
2. Costs are reserved.
                                                                  Action brought on 23 October 1998 by Una Film City
                                                                  Revue' GmbH against the European Parliament and
                                                                                  Council of the European Union
                                                                                         (Case T-175/98)
                                                                                          (1999/C 1/32)
Action brought on 6 October 1998 by The Procter &
Gamble Company against the Office for Harmonisation in
                                                                                 (Language of the case: German)
                the Internal Market (OHIM)
                       (Case T-163/98)
                                                                  An action against the European Parliament and the
                        (1999/C 1/31)
                                                                  Council of the European Union was brought before the
                                                                  Court of First Instance of the European Communities on
               (Language of the case: French)                     23 October 1998 by Una Film City Revue' GmbH of
                                                                  Vienna, Austria, represented by Dr Rainer Borgelt, of the
                                                                  Düsseldorf Bar, and Professor Dr Manfred Dauses, of
An action against the Office for Harmonisation in the             Bamberg, Germany, with an address for service in
Internal Market (OHIM) was brought before the Court of            Luxembourg at the Chambers of Reding & Felten, 2 Rue
First Instance on 6 October 1998 by The Procter &                 J. P. Brasseur, Luxembourg.
Gamble Company, established in Cincinnati, Ohio (United
States of America), represented by Thierry van Innis, of
the Brussels Bar, with an address for service in                  The applicant claims that the Court should:
Luxembourg at the Chambers of Katia Manhaeve, 56Ð58
Rue Charles Martel.
                                                                  Ð Declare Directive 98/43/EC of the European
                                                                       Parliament and of the Council of 6 July 1998 on the
The applicant claims that the Court of First Instance                  approximation of the laws, regulations and
should:                                                                administrative provisions of the Member States
                                                                       relating to the advertising and sponsorship of tobacco
                                                                       products (OJ 213, 30.7.1998, p. 9, enclosed as
Ð annul the Board of Appeal's decision of 31 July 1998;                Annex K3) to be null and void,