CELEX: C2003/101/64
Language: en
Date: 2003-04-26 00:00:00
Title: Order of the Court of First Instance of 3 February 2003 in Case T-253/02: Chafiq Ayadi v Council of the European Union and Commission of the European Communities (Action for annulment — Council Regulation — Action brought against the Council and the commission — Partial inadmissibility)

C 101/34                EN                           Official Journal of the European Union                                           26.4.2003
(Belgium), represented by M. van Dam, Avocat, against the                    ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Commission of the European Communities (Agents: H. van                                                     INSTANCE
Vliet and W. Wils) — application for the annulment of
Commission Decision SG (2001) D/286098 of 9 February                                                 of 31 January 2003
2001, whereby the Commission rejected the application by
the applicant for exclusion of the boat Arizona from the scope
of Council Regulation (EC) No 718/1999 of 29 March 1999                      in Case T-224/02 R: Miguel Forcat Icardo v Commission
on a Community-fleet capacity policy to promote inland                                        of the European Communities
waterway transport (OJ 1999 L 90, p. 1) — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,                (Proceedings for interim measures — Officials — Inadmissi-
J. Azizi and M. Jaeger, Judges; H. Jung, Registrar, has made an                              bility — Urgency — No urgency)
order on 13 December 2002, in which it:
                                                                                                       (2003/C 101/63)
1)    Declares that there is no further need to adjudicate;
                                                                                                  (Language of the case: French)
2)    Orders the Commission to pay the costs.
( 1) OJ C 186, 30.6.2001.                                                    In Case T-224/02 R: Miguel Forcat Icardo, an official of
                                                                             the Commission of the European Communities, residing in
                                                                             Brussels, represented by M.A. Lucas, avocat, against Com-
                                                                             mission of the European Communities (Agents: J. Currall and
                                                                             H. Tserepa-Lacombe) — application, essentially, in the first
                                                                             place, for compliance with the Commission’s undertaking to
                                                                             second the applicant to the United Nations Organisation for
       ORDER OF THE COURT OF FIRST INSTANCE                                  Food and Agriculture in Rome and, second, for suspension of
                                                                             the applicant’s staff report of 18 March 2002 covering the
                                                                             period from 1999 to 2001 — the President of the Court of
                       of 11 February 2003                                   First Instance has made an order on 31 January 2003, the
                                                                             operative part of which is as follows:
in Case T-83/02: Jan Pflugradt v European Central Bank (1)
                                                                             1.    The application for interim measures is dismissed.
(Staff of the European Central Bank — Formal warning —
Measure having an adverse effect — Pre-litigation procedure                  2.    The costs are reserved.
                        — Inadmissibility)
                          (2003/C 101/62)
                   (Language of the case: German)
                                                                                   ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                     of 3 February 2003
In Case T-83/02: Jan Pflugradt, residing in Frankfurt-am-Main
(Germany), represented by N. Pflüger, Rechtsanwalt, with an
address for service in Luxembourg, against European Central                  in Case T-253/02: Chafiq Ayadi v Council of the European
Bank (Agents: V. Saintot, T. Gilliams and B. Wägenbaur) —                    Union and Commission of the European Communities ( 1)
application for the annulment of the letter of 28 February
2002 by which the European Central Bank informed the                         (Action for annulment — Council Regulation — Action
applicant that a formal-warning procedure was being instituted               brought against the Council and the commission — Partial
against him — the Court of First Instance (Fifth Chamber),                                              inadmissibility)
composed of: R. García-Valdecasas, President, P. Lindh and
J.D. Cooke, Judges; H. Jung, Registrar, has made an order on
                                                                                                       (2003/C 101/64)
11 February 2003, the operative part of which is as follows:
                                                                                                 (Language of the case: English)
1.    The application is inadmissible.
2.    Each party shall bear its own costs.
                                                                             In Case T-253/02: Chafiq Ayadi, residing in Dublin, represent-
                                                                             ed by A. Lyon, Solicitor, and S. Cox, Barrister, against Council
( 1) OJ C 118 of 18.5.2002.                                                  of the European Union (Agents: M. Vitsentzatos and M. Bishop)
                                                                             and Commission of the European Communities (Agents:
                                                                             M. Wilderspin and C. Brown) — application for partial
 ---pagebreak--- 26.4.2003                EN                           Official Journal of the European Union                                         C 101/35
annulment of Council Regulation (EC) No 881/2002 of 27 May                    1.    The application for interim relief is dismissed.
2002 imposing certain specific restrictive measures directed
against certain persons and entities associated with Usama bin                2.    The costs are reserved.
Laden, the Al-Qaida network and the Taliban, and repealing
Council Regulation (EC) No 467/2001 prohibiting the export
of certain goods and services to Afghanistan, strengthening
the flight ban and extending the freeze of funds and other
financial resources in respect of the Taliban of Afghanistan (OJ
2002 L 139, p. 9), — the Court of First Instance (Second
Chamber), composed of N.J. Forwood, President, J. Pirrung and
A.W.H. Meij, Judges; H. Jung, Registrar, made an order on                     Action brought on 18 December 2002 by Success-Market-
3 February 2003, the operative part of which is as follows:                   ing Unternehmensberatungesellschaft m.b.H. against the
                                                                              Office for Harmonisation in the Internal Market (Trade
                                                                                                      Marks and Designs)
1.     The action is dismissed as inadmissible in so far as it is directed
       against the Commission.
                                                                                                        (Case T-380/02)
2.     The applicant is ordered to pay the costs relating to this part of                               (2003/C 101/66)
       the action.
                                                                              (Language of the case: to be determined in accordance with
                                                                              Article 131(2) of the Rules of Procedure — Application drafted in
( 1) OJ C 289 of 23.11.2002.
                                                                                                             German)
                                                                              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
                                                                              18 December 2002 by Success-Marketing Unternehmensbera-
                                                                              tungesellschaft m.b.H., Linz (Austria), represented by G. Seck-
                                                                              lehner, Rechtsanwalt, with an address for service in Luxem-
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                  bourg. Additional party before the Board of Appeal: Chipita
                             INSTANCE                                         International S.A., Athens.
                       of 19 December 2002                                    The applicant claims that the Court should:
                                                                              —     set aside the decision of the First Board of Appeal of the
in Case T-320/02 R: Monika Esch-Leonhardt and Others v                              Office for Harmonisation in the Internal Market of
                      European Central Bank                                         2 October 2002 ( 1);
                                                                              —     order the Office to allow restitution in integrum;
   (Proceedings for interim relief — Urgency — No urgency)
                                                                              —     order the Office to pay all the costs of the proceedings,
                                                                                    including those for the procedure before the Board of
                          (2003/C 101/65)                                           Appeal.
                    (Language of the case: German)
                                                                              Pleas in law and main arguments
                                                                              The applicant applied to the Office for registration of the word
In Case T-320/02 R: Monika Esch-Leonhardt, residing in                        mark ‘PAN & CO’ for goods and services of classes 11, 30, 35,
Frankfurt-am-Main (Germany), Tillmann Frommhold, residing                     37 and 42 (Application No 634287). Chipita International
in Karben (Germany), and Emmanuel Larue, residing in                          S.A., owner of the pictorial mark ‘PAN SPEZIALITÄTEN’ for
Frankfurt-am-Main, represented by B. Karthaus, Rechtsanwalt,                  goods of class 30 (Community Mark No 382374) lodged an
with an address for service in Luxembourg, against European                   opposition to such registration.
Central Bank (Agents: T. Gilliams, G. Gruber and B. Wägen-
baur) — application for the temporary removal of a document
from the personal files of the applicants — the President of the              The Opposition Division set a time-limit for the applicant to
Court of First Instance made an order on 19 December 2002,                    submit its position on the opposition. The applicant did not
the operative part of which is as follows:                                    submit a position within that time-limit. By decision of