CELEX: C2003/289/49
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the Court of First Instance of 3 July 2003 in Case T-10/01: Lichtwer Pharma AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Opposition withdrawn — No need to adjudicate)

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.