CELEX: C2003/289/50
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the President of the Court of First Instance of 1 August 2003 in Case T-198/01 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests — Exceptional circumstances — Provisional suspension)

29.11.2003             EN                           Official Journal of the European Union                                              C 289/23
L. Levi, avocats, against the Court of Justice of the European              ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Communities (Agent: M. Schauss) — application for annul-                                                 INSTANCE
ment of the decision of the appointing authority of 11 March
2002 rejecting the applicant’s candidature for the adminis-
trator’s post referred to in notice of vacancy CJ 62/01 — the                                         of 1 August 2003
Court of First Instance (Fourth Chamber), composed of V. Tiili,
President, P. Mengozzi and M. Vilaras, Judges; D. Christensen,
Administrator, Registrar, has given a judgment on 30 Septem-                in Case T-198/01 R Technische Glaswerke Ilmenau GmbH
ber 2003 in which it:                                                               v Commission of the European Communities
1.    Dismisses the action;
                                                                            (Proceedings for interim measures — State aid — Obligation
2.    Orders the parties to bear their own costs.                           to recover aid — Prima facie case — Urgency — Weighing
                                                                            up of interests — Exceptional circumstances — Provisional
                                                                                                         suspension)
(1) OJ C 305 of 7 December 2002.
                                                                                                      (2003/C 289/50)
                                                                                                (Language of the case: German)
       ORDER OF THE COURT OF FIRST INSTANCE
                           of 3 July 2003
                                                                            In Case T-198/01 R: Technische Glaswerke Ilmenau GmbH,
in Case T-10/01: Lichtwer Pharma AG v Office for                            established at Ilmenau, (Germany), represented by G. Schohe
Harmonisation in the Internal Market (Trade Marks and                       and C. Arhold, lawyers, with an address for service in
                       Designs) (OHIM) (1)                                  Luxembourg, against Commission of the European Communi-
                                                                            ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
                                                                            Schott Glas, established at Mainz (Germany), represented by
(Community trade mark — Opposition — Opposition
                                                                            U. Soltész, lawyer — application for extension of the suspen-
              withdrawn — No need to adjudicate)
                                                                            sion of the operation, ordered in this case by order of the
                                                                            President of the Court of First Instance of 4 April 2002, of
                          (2003/C 289/49)                                   Article 2 of Commission Decision 2002/185/EC of 12 June
                                                                            2001 on State aid implemented by Germany for Technische
                   (Language of the case: German)                           Glaswerke Ilmenau GmbH (OJ 2000 L 62, p. 30) — the
                                                                            President of the Court of First Instance has made an order on
                                                                            1 August 2003 in which he:
In Case T-10/01, Lichtwer Pharma AG, established in Berlin,
represented by H.P. Kunz-Hallstein and R. Kunz-Hallstein,                   1.    Suspends the operation until 17 February 2004 of Article 2 of
lawyers, v Office for Harmonisation in the Internal Market                        Commission Decision 2002/185/EC of 12 June 2001 on
(Trade Marks and Designs) (OHIM) (Agents: O. Walbroeck and                        State aid C 44/2001 implemented by Germany for Technische
G. Schneider), Biofarma, formerly Orsem SARL, established in                      Glaswerke Ilmenau GmbH;
Neuilly-sur-Seine (France), represented by V. Gil Vega and
A. Ruiz López, lawyers: Appeal against the decision of the
Second Board of Appeal of the Office for Harmonisation in                   2.    Makes that suspension subject to the following conditions: first,
the Internal Market (Trade Marks and Designs) of 8 November                       that the four conditions laid down in the second point of the
2000 (Case R 586/1999-2) relating to opposition proceedings                       operative part of the order made today in Case T-378/02 R
between Lichtwer Pharma AG and Biofarma, the Court of First                       should be satisfied by the applicant, especially as regards the
Instance (Second Chamber), composed of: N.J. Forwood,                             dates fixed therein; second, that the applicant should before
President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,                31 December 2003 at the latest repay to the Bundesanstalt für
has made an order on 3 July 2003, the operative part of which                     Vereinigungsbedingte Sonderaufgaben an additional sum of
is as follows:                                                                    EUR 256 000 and that it should lodge at the Registry of the
                                                                                  Court of First Instance and at the Commission, within one week
1.    There is no need to adjudicate.                                             of making that payment, and by 7 January 2004 at the latest,
                                                                                  written proof of that payment; third, that it should lodge at the
2.    The applicant and the intervener must be ordered to bear their              Registry of the Court of First Instance and at the Commission,
      own costs and to pay the costs incurred by the defendant.                   by 6 February 2004 at the latest, a detailed report drawn up
                                                                                  by an accountant on its financial situation at 31 December
                                                                                  2003 and, in particular, the additional sum which it would be
(1) OJ C 161 of 2.6.2001.                                                         able to pay by 30 June 2004 at the latest, if judgment in the
                                                                                  case in the main proceedings should not have been given by
                                                                                  that lastmentioned date.
 ---pagebreak--- C 289/24                EN                           Official Journal of the European Union                                          29.11.2003
3.    Reserves the costs, including those incurred by the intervener.        ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                           INSTANCE
                                                                                                       of 1 August 2003
                                                                             in Case T-378/02 R Technische Glaswerke Ilmenau GmbH
                                                                                     v Commission of the European Communities
                                                                             (Proceedings for interim measures — State aid — Obligation
      ORDER OF THE COURT OF FIRST INSTANCE                                   to recover aid — Prima facie case — Urgency — Weighing
                                                                             up of interests — Exceptional circumstances — Provisional
                                                                                                           suspension)
                       of 9 September 2003
                                                                                                        (2003/C 289/52)
in Case T-293/02: Éric Vranckx v Commission of the                                               (Language of the case: German)
                   European Communities (1)
(Open competition — Failure to award the minimum number                      In Case T-378/02 R: Technische Glaswerke Ilmenau GmbH,
of points required for the oral test — Omission from the                     established at Ilmenau, (Germany), represented by G. Schohe
reserve list — Reasons — Consistency between the complaint                   and C. Arhold, lawyers, with an address for service in
and the application — Application unfounded in part and
                                                                             Luxembourg, against Commission of the European Communi-
                        inadmissible in part)                                ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
                                                                             Schott Glas, established at Mainz (Germany), represented by
                                                                             U. Soltész, lawyer — application for suspension of the
                           (2003/C 289/51)                                   operation of Article 2 of Commission Decision C (2002) 2147
                                                                             final on State aid by Germany in favour of Technische
                                                                             Glaswerke Ilmenau GmbH, the President of the Court of First
                    (Language of the case: French)                           Instance has made an order on 1 August 2003 in which he:
                                                                             1.    Suspends the operation, until 31 October 2003, of Article 2
                                                                                   of Commission Decision C (2002) 2147 final on State aid
                                                                                   C 44/2001 granted by Germany in favour of Technische
In Case T-293/02: Éric Vranckx, a member of the temporary                          Glaswerke Ilmenau GmbH;
staff of the Commission of the European Communities,
residing in Brussels (Belgium), represented by J.-N. Louis,                  2.    Makes that suspension of operation subject to the following
É. Marchal and A. Coolen, lawyers, with an address for                             conditions: first, that before 30 September 2003 at the latest
service in Luxembourg, against Commission of the European                          the applicant should repay to the Thüringer Aufbaubank the
Communities (Agents: J. Currall and L. Lozano Palacios) —                          sum of EUR ... and within a week of making that repayment
application for annulment of the decision of the selection                         and by 7 October 2003 at the latest should lodge at the
board in competition COM/B/1/00 awarding the applicant a                           Registry of the Court of First Instance and at the Commission
mark lower than the minimum required and not entering him                          written proof of that repayment; second, that the first-priority
on the reserve list — the Court of First Instance (Third                           mortgage security granted to the Thüringer Aufbaubank over
Chamber), composed of K. Lenaerts, President, J. Azizi and                         the land on which the fourth furnace stands should be released
M. Jaeger, Judges; H. Jung, Registrar, made an order on                            and re-granted to the Bundesanstalt für Vereinigungsbedingte
9 September 2003, the operative part of which is as follows:                       Sonderaufgaben by 10 October 2003 at the latest, in order to
                                                                                   guarantee the latter’s right to repayment of the balance of the
                                                                                   sale price under asset deal 1; third, that by 10 October 2003
1.    The application is dismissed;                                                at the latest Mr Geiß should lodge security, similar to the
                                                                                   personal surety jointly and severally liable with the principal
                                                                                   debtor lodged on 3 March 1998 by him in respect of the
2.    The applicants shall bear their own costs.                                   repayment of the loan made by the Thüringer Aufbaubank, in
                                                                                   favour of the Bundesanstalt für Vereinigungsbedingte Son-
                                                                                   deraufgaben in respect of the balance of the sale price under
                                                                                   asset deal 1; fourth, that by 17 October 2003 at the latest
(1) OJ C 289 of 23.11.02.
                                                                                   written proof of the novation of the securities, required in
                                                                                   accordance with the second and third conditions set out above,
                                                                                   should be lodged at the Registry of the Court of First Instance
                                                                                   and at the Commission;