CELEX: C2005/155/26
Language: en
Date: 2005-06-25 00:00:00
Title: Judgment of the Court of First Instance of 19 April 2005 in Joined Cases T-380/02 and T-128/03: Success-Marketing Unternehmensberatungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Application for restitutio in integrum — Conditions governing notification of decisions and communications by OHIM — Facsimile transmission)

25.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/13
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 19 April 2005
   in Joined Cases T-380/02 and T-128/03: Success-Marketing Unternehmensberatungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)
   
   (Community trade mark - Application for restitutio in integrum - Conditions governing notification of decisions and communications by OHIM - Facsimile transmission)
   (2005/C 155/26)
   Language of the case: German
   In Joined Cases T-380/02 and T-128/03 Success-Marketing Unternehmensberatungsgesellschaft mbH, established in Linz (Austria), represented by G. Secklehner and C. Ofner, avocats, with an address for service in Luxembourg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: J. Weberndörfer and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance in Case T-128/03, being Chipita International SA, established in Athens (Greece), represented by P. Hoffmann, avocat — actions for annulment brought, first, against the decision of the First Board of Appeal of OHIM of 26 September 2002 (Case R 26/2001-1) rejecting the application by the applicant for restitutio in integrum and, secondly, of the decision of 13 February 2003 and/or the decision of 13 March 2003 of the First Board of Appeal of OHIM (Case R 1124/2000-1) concerning opposition proceedings between Success-Marketing Unternehmensberatungsgesellschaft mbH and Chipita International SA, — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 19 April 2005, in which it:
   
               1.
            
            
               Dismisses the actions;
            
         
               2.
            
            
               Orders the applicant to pay its own costs as well as those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
            
         
               3.
            
            
               Orders Chipita International SA to bear its own costs.
            
         
      (1)  OJ C 101 of 26.4.2003.