CELEX: C2003/055/75
Language: en
Date: 2003-03-08 00:00:00
Title: Case T-356/02: Action brought on 29 November 2002 by Vitakraft-Werke Wührmann & Sohn GmbH & Co. KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

C 55/26               EN                         Official Journal of the European Union                                             8.3.2003
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                             sels, represented by C. Tagaras, avocat, against the Commission
                           INSTANCE                                      of the European Communities (agents: H. Tserepa-Lacombe
                                                                         and F. Clotuche-Duvieusart, seeking the suspension of oper-
                     of 3 December 2002                                  ation of decisions appointing a Deputy Head of Unit of Unit
                                                                         DG FC A.01 and Head of the Sector ‘Politiques internes et
                                                                         agences’ of that unit, the President of the Court of First Instance
in Case T-181/02 R: Neue Erba Lautex GmbH Weberei und                    made an order on 13 December 2002 in which it:
Veredlung v Commission of the European Communities
(Procedure for interim relief — State aid — Aid granted to
                                                                         (1) Dismissed the application for interim measures.
the new Länder — Rescue and restructuring aid — Duty to
          recover — Urgency — Balance of interests)
                                                                         (2) Reserved the costs.
                         (2003/C 55/73)
                  (Language of the case: German)
In Case T-181/02 R: Neue Erba Lautex GmbH Weberei und
Veredlung, a company established in Neugersdorf, Germany,
represented by Professor U. Ehricke, with an address for service
in Luxembourg, supported by Freistaat Sachsen, represented by
M. Schütte, Lawyer, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:                  Action brought on 29 November 2002 by Vitakraft-
V. Kreuschitz, V. di Bucci and T. Scharf) — application for a            Werke Wührmann & Sohn GmbH & Co. KG against the
stay of execution of the Commission’s Decision 2002/783/EC               Office for Harmonisation in the Internal Market (Trade
of 12 March 2002 on State aid C 62/2001 (ex NN 8/2000)                                           Marks and Designs)
implemented by Germany for Neue Erba Lautex GmbH and
Erba Lautex GmbH in bankruptcy (OJ 2002 L 282, p. 48) and,
in the alternative, an application for staged reimbursement of                                    (Case T-356/02)
the aid in question — the President of the Court of First
Instance has made an order on 3 December 2002, in which
he:
                                                                                                   (2003/C 55/75)
1.   Dismissed the application for interim measures;
2.   Ordered that costs be reserved.                                     (Language of the case to be decided in accordance with Article 131(2)
                                                                         of the Rules of Procedure Language in which the application was
                                                                                                   drafted: German)
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                           INSTANCE                                      An action against the Office for Harmonisation in the Internal
                                                                         Market (Trade Marks and Designs) was brought before the
                                                                         Court of First Instance of the European Communities on
                     of 13 December 2002                                 29 November 2002 by Vitakraft-Werke Wührmann & Sohn
                                                                         GmbH & Co. KG, Bremen (Germany), represented by U. Sander
in Case T-234/02 R: Christos Michael v Commission of                     also a party before the Board of Appeal: KRAFFT, S.A,
                 the European Communities                                Andoain, Spain
(Interim measures — Officials — Appointment decisions —
        Admissibility — Urgency — Lack of urgency)
                                                                         The applicant claims that the Court should:
                         (2003/C 55/74)
                                                                         —      partially annul the decision of the Fourth Board of Appeal
                   (Language of the case: Greek)                                of 4 September 2002 inasmuch as the appeal of KRAFFT
                                                                                S.A. was upheld and inasmuch as the applicant’s appeal
                                                                                was not allowed
In Case T-234/02 R, Christos Michael, an official of the
Commission of the European Communities, resident in Brus-                —      order the defendant to pay the costs.
 ---pagebreak--- 8.3.2003              EN                        Official Journal of the European Union                                             C 55/27
Pleas in law and main arguments                                         Grounds of claim:               —     Infringement of Article 43(2)
                                                                                                              of Regulation (EC) No 40/
                                                                                                              94 ( 1) and Rule 22(2) of the
                                                                                                              implementing Regulation (2);
                                                                                                        —     Infringementof Article 8(1)(b)
Applicant for the Com-       The applicant                                                                    of Regulation (EC) No 40/94.
munity trade mark:
                                                                        (1 ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Community trade mark         Word mark ‘VITAKRAFT’ for                       Community Trade Mark (OJ 1994 L 11, p. 1).
                                                                        (2 ) Commission Regulation (EC) No 2868/95 of 13 December
concerned:                   goods in Classes 1, 3, 4, 12 and
                                                                             1995 implementing Council Regulation (EC) No 40/94 on the
                             19 (inter alia, Chemicals used in               Community trade mark (OJ 1995 L 303, p. 1).
                             industry, science, photography, as
                             well as in agriculture, horticulture
                             and forestry, Bleaching prep-
                             arations and other substances for
                             laundry use, Industrial oils and
                             greases, Vehicles and Building
                             materials (non metallic)) — Appli-
                             cation No 303909
                                                                        Action brought on 27 November 2002 by Wolf-Dieter
Owner of the right to        KRAFFT, S.A.                               Graf Yorck von Wartenburg against the Commission of
the trade mark or sign                                                                     the European Communities
asserted by way of oppo-
sition in the opposition
proceedings                                                                                       (Case T-360/02)
                                                                                                   (2003/C 55/76)
Trade mark or sign           The Spanish figurative marks
asserted by way of oppo-     ‘krafft’ for goods in Classes 1, 3,
sition in the opposition     4, 12 and 19 (inter alia, Chemicals
                                                                                            (Language of the case: German)
proceedings:                 used in industry, science, pho-
                             tography, as well as in agriculture,
                             horticulture and forestry, Bleach-
                             ing preparations and other sub-
                             stances for laundry use, Industrial
                             oils and greases, Vehicles and             An action against the Commission of the European Communi-
                             Building materials (non metallic))         ties was brought before the Court of First Instance of the
                                                                        European Communities on 27 November 2002 by Wolf-
                                                                        Dieter Graf Yorck von Wartenburg, Wittibreut, Germany,
                                                                        represented by H.-H. Heyland, Rechtsanwalt, with an address
Decision of the Oppo-        Refusal of registration as regards         for service in Luxembourg.
sition Division:             Classes 1 and 3 and dismissal of
                             the opposition in so far as it
                             concerned Classes 4, 12 and 19             The applicant claims that the Court should:
                                                                        —      Declare that, in amending the decision of 22 June 2000
Decision of the Board of     Dismissal of KRAFFT S.A.’s appeal                 and in its conduct of the complaint procedure R/332/
Appeal:                      with regard to the following                      2002 which followed, the Commission disregarded the
                             goods in the application, ‘candles,               prescribed legal and administrative provisions inasmuch
                             wicks’ in Class 4, ‘Vehicles, appar-              as it announced a change in the decision of 22 June 2000,
                             atus for locomotion by land, air                  carried out no hearing with representation of the parties
                             or water’ in Class 12 and ‘non-                   following an objection by the applicant and the direct
                             metallic transportable buildings;                 beneficiaries of the decision, ignored the formal require-
                             monuments, not of metal’ in                       ments for attachment under German and Belgian law,
                             Class 19 and dismissal of the                     even though these had been notified to it in writing, and
                             applicant’s appeal in respect of                  instead instructed bailiff M to draw up a partition scheme,
                             all goods in the application in                   which it received and, without giving reasons, then failed
                             Classes 1 and 3                                   to carry out;