CELEX: C2003/044/59
Language: en
Date: 2003-02-22 00:00:00
Title: Order of the President of the Court of First Instance of 6 December 2002 in Case T-275/02 R: D v European Investment Bank (Procedure for interim relief — Extension of probationary period — Admissibility of the main action — Urgency — None)

C 44/30                  EN                         Official Journal of the European Union                                         22.2.2003
established in Uelzen, Germany, represented by D. Fouquet,                  Action brought on 18 November 2002 by Duarte y
Lawyer, against Commission of the European Communities                      Beltrán S.A. against the Office for Harmonisation in the
(Agents: V. Kreuschitz and J.L. Buendia Sierra) — application                                   Internal Market (OHIM)
for a declaration that the Commission unlawfully failed to
examine non-notified aid granted by the Federal Republic of
Germany to nuclear power station operators — the Court                                              (Case T-353/02)
of First Instance (First Chamber, Enlarged Composition),
composed of B. Vesterdorf, President, J. Azizi. R.M. Moura
Ramos, M. Jaeger and H. Legal, Judges; H. Jung, Registrar,
made an order on 27 November 2002, in which it:                                                      (2003/C 44/60)
1.     Held that there was no need to give judgment in the action;
                                                                            (Language of the case: to be determined in accordance with
                                                                            Article 131(2) of the Rules of Procedure — Application in Spanish)
2.     Ordered each party to bear its own costs.
( 1) OJ C 44 of 16.2.2002.
                                                                            An action against the Office for Harmonisation in the Internal
                                                                            Market was brought before the Court of First Instance of the
                                                                            European Communities on 18 November 2002 by Duarte y
                                                                            Beltrán S.A. of Santander (Spain), represented by Natalia Moya
                                                                            Fernández.
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                              INSTANCE                                      The applicant claims that the Court should:
                        of 6 December 2002                                  —     annul the decision of 6 August 2002 of the Second Board
                                                                                  of Appeal of the Office for Harmonisation in the Internal
                                                                                  Market (OHIM) in Case R-407/2001 and the corrigendum
     in Case T-275/02 R: D v European Investment Bank                             of 16 September 2002 thereto;
(Procedure for interim relief — Extension of probationary                   —     reject Opposition B 35073 in its entirety;
period — Admissibility of the main action — Urgency —
                                 None)
                                                                            —     uphold the claims of the applicant and direct the relevant
                                                                                  Opposition Division of OHIM to proceed to register the
                           (2003/C 44/59)                                         mark in question;
                    (Language of the case: French)                          —     order the defendant to pay the costs.
In Case T-275/02 R: D, an agent of the European Investment
Bank, residing in Luxembourg, represented by J. Choucroun,                  Pleas in law and main arguments
Lawyer, with an address for service in Luxembourg, against
European Investment Bank (Agents: J.-P. Minnaert and P. Mou-
sel) — application for suspension of operation of the decisions
of the European Investment Bank first extending the applicant’s             Applicant for the Com-         Duarte y Beltrán S.A.
period of probation and second dismissing him — the                         munity trade mark:
President of the Court of First Instance has made an order on
6 December 2002, in which he:                                               Community trade mark           INTEA — application no 99 747
                                                                            applied for:                   for certain goods in classes 3, 16
                                                                                                           and 21
1.     Dismisses the application for interim measures;
2.     Orders that costs are reserved.                                      Proprietor of the trade        MIRATO S.p.A.
                                                                            mark or sign invoked in
                                                                            the opposition pro-
                                                                            cedure: