CELEX: C2003/304/53
Language: en
Date: 2003-12-13 00:00:00
Title: Order of the Court of First Instance of 29 September 2003 in Case T-183/01: Alza Corporation v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition — Amicable settlement — No need to adjudicate)

13.12.2003              EN                          Official Journal of the European Union                                            C 304/29
3.    The interveners are to bear their own costs.                                ORDER OF THE COURT OF FIRST INSTANCE
(1) OJ C 166 of 30.5.1998.                                                                       of 30 September 2003
                                                                            in Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika
                                                                            Ergastiria Anonimos Viomichaniki kai Emporiki Eteria
                                                                            against Office for Harmonisation in the Internal Market
                                                                                       (Trade Marks and Designs) (OHIM) (1)
       ORDER OF THE COURT OF FIRST INSTANCE
                                                                            (Community trade mark — Opposition — Amicable settle-
                                                                                       ment — Not necessary to give judgment)
                      of 29 September 2003
in Case T-183/01: Alza Corporation v Office for Harmon-                                             (2003/C 304/54)
isation in the Internal Market (Trade Marks and Designs)
                             (OHIM) (1)
                                                                                               (Language of the case: French)
(Community trade mark — Opposition — Amicable settle-
                 ment — No need to adjudicate)
                          (2003/C 304/53)                                   In Case T-182/02: Uni-Pharma Kleon Tsetis Farmakeftika
                                                                            Ergastiria Anonimos Viomichaniki kai Emporiki Eteria (Uni-
                    (Language of the case: English)                         Pharma ABEE), established in Kato Kifisia, Attica (Greece),
                                                                            represented by M. Bra and E. Gioti-Manthou, lawyers, with
                                                                            an address for service in Luxembourg, against Office for
                                                                            Harmonisation in the Internal Market (Trade Marks and
                                                                            Designs) (OHIM) (Agents: O. Montalto, E. Joly and O. Wael-
In Case T-183/01, Alza Corporation, established in Mountain                 broeck), with BIOFARMA S.A., established in Neuilly-sur Seine
View, California (United States of America), represented by                 (France) and represented by V. Gil Vega and A. Ruiz López,
M. Edenborough, lawyer, with an address for service in                      lawyers, intervening before the Court of First Instance —
Luxembourg, v Office for Harmonisation in the Internal                      action brought against the decision of the Fourth Board of
Market (Trade Marks and Designs) (OHIM) (Agent: S. Laitinen),               Appeal of the Office for Harmonisation in the Internal Market
the intervener before the Court of First Instance being: HEXAL              (Trade Marks and Designs) of 27 February 2002 (Case R 725/
AG, established in Holzkirchen (Germany), represented by A.                 2000-4) relating to opposition proceedings between Uni-
Spranger, lawyer: ACTION brought against the decision of the                Pharma Kleon Tsetis Farmakeftika Ergastiria Anonimos Vio-
Second Board of Appeal of the Office for Harmonisation in                   michaniki kai Emporiki Eteria (Uni-Pharma ABEE) and
the Internal Market (Trade Marks and Designs) of 23 May                     BIOFARMA S.A. — the Court of First Instance (Fourth
2001 (Case R 321/1999-2) relating to opposition proceedings                 Chamber), composed of V. Tiili, President, P. Mengozzi and
between Alza Corporation and Hexal AG, the Court of First                   M. Vilaras, Judges; H. Jung, Registrar, made an order on
Instance (Fourth Chamber), composed of: V. Tiili, President,                30 December 2003, the operative part of which is as follows:
P. Mengozzi and M. Vilaras, Judges; H. Jung, Registrar, has
made an order on 29 September 2003, the operative part of
which is as follows:                                                        1.   It is no longer necessary to give judgment on the present
                                                                                 application.
1.    There is no longer any need to adjudicate on this action.
                                                                            2.   The applicant shall bear its own costs and those of OHIM.
2.    The applicant shall bear its own costs, as well as those of the
      defendant.
                                                                            3.   The intervener shall bear its own costs.
3.    The intervener shall bear its own costs.
                                                                            (1) OJ C 202, 24.8.2002.
(1 ) OJ C 317 of 10.11.2001.