CELEX: C2001/303/28
Language: en
Date: 2001-10-27 00:00:00
Title: Order of the Court of First Instance of 25 April 2001 in Case T-244/00 Coillte Teoranta v Commission of the European Communities (Agriculture — Refusal to recognise as chargeable to the EAGGF expenditure resulting from irregularities in the application of Community rules — Action by the recipient of the aid — Manifest inadmissibility)

C 303/16                EN                       Official Journal of the European Communities                                     27.10.2001
                                                           COURT OF FIRST INSTANCE
      ORDER OF THE COURT OF FIRST INSTANCE                                  Madrid, represented by José Marı́a Valoria de Arana, lawyer,
                                                                            with an address for service in Madrid, against the Commission
                         of 30 April 2001                                   of the European Communities (Agents: J. Currall and J. Rivas
                                                                            Andres) — application for annulment of the decisions of the
                                                                            Commission of 28 March 1989 and 14 November 1989
in Case T-41/00, British American Tobacco International                     appointing the applicant as a probationer official and sub-
(Holdings) BV v Commission of the European Communi-                         sequently as an official definitively classed in Grade B 3
                                ties (1)                                    respectively inasmuch as those decisions classify him in
                                                                            Grade B 3 rather than B 1, and the decisions of the Commission
(Decision 94/90 — Public access to Commission documents                     of 12 July 1999 and 18 April 2000 rejecting the request
— Action for annulment — Inadmissibility — Legal interest                   to review the applicant’s classification and rejecting the
                     in bringing proceedings)                               administrative complaint directed against the former rejection
                                                                            and, secondly, a claim for compensation for the damage
                                                                            allegedly suffered by the applicant as a result of those decisions
                          (2001/C 303/26)
                                                                            — the Court of First Instance (First Chamber), composed of
                                                                            B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
                   (Language of the case: English)                          H. Jung, Registrar, made an order on 28 March 2001, the
                                                                            operative part of which is as follows:
In Case T-41/00 British American Tobacco International
(Holdings) BV, established in Amsterdam (Netherlands), rep-                 1.    The application is dismissed as inadmissible.
resented by S. Crosby, Solicitor, against Commission of the
European Communities (Agents: U. Wölker and X. Lewis) —
application for the annulment of the Commission’s decision                  2.    The parties shall each bear their own costs.
of 20 January 2000, refusing to grant Rothmans of Pall Mall
Ltd access to certain minutes of the Committee on Excise
                                                                            (1) OJ C 259 of 9.9.2000.
Duties — the Court of First Instance (First Chamber), composed
of B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
H. Jung, Registrar, has made an order on 30 April 2001, the
operative part of which is as follows:
1.    The application is dismissed as inadmissible.
2.    The applicant is ordered to pay the costs.
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
(1) OJ C 135 of 13.5.00.
                                                                                                      of 25 April 2001
                                                                            in Case T-244/00 Coillte Teoranta v Commission of the
                                                                                               European Communities (1)
                                                                            (Agriculture — Refusal to recognise as chargeable to the
      ORDER OF THE COURT OF FIRST INSTANCE                                  EAGGF expenditure resulting from irregularities in the
                                                                            application of Community rules — Action by the recipient
                         of 28 March 2001                                               of the aid — Manifest inadmissibility)
in Case T-130/00: Javier Reyna González del Valle against                                            (2001/C 303/28)
       Commission of the European Communities (1)
                                                                                               (Language of the case: English)
(Officials — Appointments — Classification in Grade —
    Late submission of the application — Inadmissibility)
                                                                            In Case T-244/00: Coillte Teoranta, established in Dublin,
                          (2001/C 303/27)                                   represented by G. French, Solicitor, P. Gallagher SC and
                                                                            N. Hyland, Barrister, with an address for service in Luxem-
                                                                            bourg, against Commission of the European Communities
                   (Language of the case: Spanish)                          (Agents: M. Niejahr and K. Fitch) — application for annulment
                                                                            of Commission Decision 2000/449/EC of 5 July 2000 exclud-
In Case T-130/00: Javier Reyna González del Valle, an official             ing from Community financing certain expenditure incurred
of the Commission of the European Communities, residing in                  by the Member States under the Guarantee Section of the
 ---pagebreak--- 27.10.2001              EN                      Official Journal of the European Communities                                         C 303/17
European Agricultural Guidance and Guarantee Fund (EAGGF)                  2.    The request submitted by Poste Italiane SpA and by the
(OJ 2000 L 180, p. 49) to the extent that that decision excludes                 Commission for confidential treatment is granted with regard
from that financing expenditure declared by the Irish accredited                 to the interlocutory proceedings.
paying agency in respect of afforestation aid — the Court of
First Instance (Third Chamber), composed of J. Azizi, President,           3.    The application for interim relief is dismissed.
K. Lenaerts and M. Jaeger, Judges; H. Jung, Registrar, has made
an order on 25 April 2001, the operative part of which is as               4.    Costs are reserved.
follows:
1.    The application is dismissed as manifestly inadmissible.
2.    The applicant shall bear its own costs and shall pay those of
      the Commission.                                                      Action brought on 18 July 2001 by Laboratorios R.T.B.,
                                                                           S.L. against Office for the Harmonization of the Internal
                                                                                      Market (trade marks and designs) (OHIM)
3.    Ireland shall bear its own costs.
                                                                                                      (Case T-162/01)
( 1) OJ C 355 of 9.12.00.
                                                                                                     (2001/C 303/30)
                                                                                               (Language of the case: Spanish)
                                                                           An action against Office for Harmonization in the Internal
                                                                           Market (trade marks and designs) (OHIM) was brought before
                                                                           the Court of First Instance of the European Communities on
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               18 July 2001 by Laboratorios R.T.B., S.L., whose registered
                              INSTANCE                                     office is in Bigues i Riells (Spain), represented by Arturo Canela
                                                                           Giménez.
                           of 28 May 2001
                                                                           The applicant claims that the Court should:
in Case T-53/01 R: Poste Italiane SpA v Commission of                      —     annul the decision of the First Board of Appeal of the
                   the European Communities                                      Office for the Harmonization of the Internal Market
                                                                                 (trade marks and designs) (OHIM) of 30 April 2001 in
(Applications for interim relief — Article 86 EC in conjunc-                     Case R 122/2000-1 Giorgio Beverly Hills v Giorgi and
tion with Article 82 EC — Article 86(2) EC — Postal                              Others, on the ground that the disputed Community trade
         services — Urgency — Balancing of interests)                            mark number 417709 Giorgio Beverly Hills may not be
                                                                                 registered pursuant to Article 8(1)(b) of Regulation (EC)
                                                                                 No 40/94;
                          (2001/C 303/29)
                                                                           —     declare Community trade mark number 417709 Giorgio
                                                                                 Beverly Hills invalid or, if appropriate, refuse it regis-
                    (Language of the case: Italian)
                                                                                 tration;
In Case T-53/01 R: Poste Italiane SpA, established in Rome,                —     order the Office to pay the costs.
represented by Gian Michele Roberti, Petrus Mathijsen, Ales-
sandra Perrazzelli, Elisabetta Rubini and Andrea Sandulli,
lawyers, with an address for service in Luxembourg, against                Pleas in law and main arguments
the Commission of the European Communities (Agents:
L. Pignataro and K. Wiedner) — application for suspension of
operation of Commission Decision 2001/176/EC of
21 December 2000 concerning proceedings pursuant to                        Proprietor of the Com-           Giorgio Beverly Hills, Inc.
Article 86 of the EC Treaty in relation to the provision of                munity trade mark:
certain new postal services with a guaranteed day- or time-
certain delivery in Italy (OJ 2001 L 63, p. 59) — the President            The Community trade              Word mark ‘GIORGIO BEVERLY
of the Court of First Instance made an order on 28 May 2001,               mark concerned:                  HILLS’ — Application No 417709
the operative part of which is as follows:                                                                  for goods in Class 3
                                                                           Proprietor of the right to       Applicant
1.    Recapitalia Consorzio Italiano delle Agenzie di Recapito             the trade mark or sign
      Licenziatarie del Ministero delle Comunicazioni and TNT Post         asserted by way of oppo-
      Groep NV are granted leave to intervene in Case T-53/01 R in         sition in the opposition
      support of the form of order sought by the Commission.               proceedings: