CELEX: C2004/071/56
Language: en
Date: 2004-03-20 00:00:00
Title: Order of the President of the Court of First Instance of 25 November 2003 in Case T-339/03 R: Gabrielle Clotuche v Commission of the European Communities (Application for interim relief — Officials — Decision reassigning the applicant to the post of Principal Adviser — Urgency — None)

20.3.2004               EN                         Official Journal of the European Union                                          C 71/29
       ORDER OF THE COURT OF FIRST INSTANCE                                ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                         INSTANCE
                      of 18 November 2003                                                         of 28 November 2003
                                                                           in Case T-200/03 R: V v Commission of the European
                                                                                                        Communities
In Case T-383/02, G.D. Searle LLC against Office for
Harmonisation in the Internal Market (Trade Marks and
                       Designs) (OHIM) (1)                                 (Application for interim relief — Application for stay of
                                                                           execution — Dismissal for inadequate performance —
                                                                                                          Urgency)
(Community trade mark — Application for a declaration of                                               (2004/C 71/55)
invalidity — Relative ground for invalidity — Amicable
              settlement — No need to adjudicate)
                                                                                                (Language of the case: French)
                           (2004/C 71/54)
                                                                           In Case T-200/03 R: V, an official of the defendant, residing in
                                                                           Overijse (Belgium), represented by C. Mourato, lawyer, against
                                                                           the Commission of the European Communities (Agent: J. Cur-
                   (Language of the case: English)                         rall) — application for stay of execution of the Commission’s
                                                                           decision of 10 March 2003 to dismiss the applicant due to
                                                                           inadequate performance — the President of the Court of First
                                                                           Instance made an order on 28 November 2003, the operative
                                                                           part of which is as follows:
                                                                           1.     The application for interim relief is dismissed.
In Case T-383/02, G.D. Searle LLC, established in Skokie,
Illinois (United States of America), represented by W.A. Hoyng,
lawyer, against Office for Harmonisation in the Internal Market            2.     Costs are reserved.
(Trade Marks and Designs) (OHIM), (Agents: G. Schneider and
T. Eichenberg), the intervener before the Court of First
Instance being Phyto-Esp SL, established in Saragossa (Spain),
represented by S.H. Poelmann-Teijgeler, lawyer: Action
brought against the decision of the First Board of Appeal of
the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 1 October 2002 (Case R 627/2001-1)                   ORDER OF THE PRESIDENT OF THE COURT OF FIRST
relating to proceedings between G.D. Searle LLC and Phyto-                                               INSTANCE
Esp SL for a declaration of invalidity, the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President, P. Men-                                   of 25 November 2003
gozzi and M.E. Martins Ribeiro, Judges; H. Jung, Registrar, has
made an order on 18 November 2003, the operative part of                   in Case T-339/03 R: Gabrielle Clotuche v Commission of
which is as follows:                                                                           the European Communities
                                                                           (Application for interim relief — Officials — Decision
1.    There is no need to adjudicate.                                      reassigning the applicant to the post of Principal Adviser —
                                                                                                      Urgency — None)
2.    The applicant shall pay its own costs and those incurred by                                      (2004/C 71/56)
      OHIM.
                                                                                                (Language of the case: French)
3.    The intervener shall pay its own costs.
                                                                           In Case T-339/03 R: Gabrielle Clotuche, official of the
                                                                           Commission of the European Communities, residing in Brus-
(1) OJ C 44 of 22.2.2003.                                                  sels (Belgium), represented by P.-P. Van Gehuchten, G. Demez
                                                                           and J. Sambon, lawyers, with an address for service in
                                                                           Luxembourg, against the Commission of the European Com-
                                                                           munities (Agents: J. Currall and H. Kraemer) — application,
                                                                           first, for stay of execution of the decision of 9 July 2003 to
 ---pagebreak--- C 71/30                 EN                            Official Journal of the European Union                                        20.3.2004
reassign the applicant to the post of Principal Adviser at the                Pleas in law and main arguments
statistical office of the European Communities (Eurostat) and
of the decision of 1 October 2003 reorganising Eurostat and,
second, for the Commission to undertake the steps necessary                   Applicant for Com-            The applicant.
to enable the applicant to resume her functions as Director as                munity trade mark:
soon as possible — the President of the Court of First Instance
made an order on 25 November 2003, the operative part of                      Community trade mark          The word and figurative mark
which is as follows:                                                          sought:                       ‘marmara’ for goods in Classes 29,
                                                                                                            30, 31, 32 and 33 (inter alia,
                                                                                                            meat, fish, poultry and game) —
1.    The application for interim relief is dismissed.                                                      Application No 1 443 258.
                                                                              Proprietor of mark or         Marmara Zeytin Tarim Satis
2.    Costs are reserved.                                                     sign cited in the oppo-       Kooperatifleri Birligi.
                                                                              sition proceedings:
                                                                              Mark or sign cited in         The Community trade mark
                                                                              opposition:                   ‘MARMARABIRLIK’ for goods in
                                                                                                            Class 29 (inter alia, meat, fish,
                                                                                                            poultry and game) — Trade mark
                                                                                                            No 681 429.
Action brought on 15 December 2003 by Marmara                                 Decision of the Oppo-         Rejection of the opposition.
Import-Export GmbH against the Office for Harmonis-                           sition Division:
ation in the Internal Market (Trade Marks and Designs)
                               (OHIM)                                         Decision of the Board of      The decision of the Opposition
                                                                              Appeal:                       Division was annulled and the
                                                                                                            appeal allowed.
                           (Case T-403/03)
                                                                              Pleas in law:                 There is no likelihood of con-
                                                                                                            fusion between the two marks
                            (2004/C 71/57)
                                                                                                            within     the      meaning      of
                                                                                                            Article 8(1)(b) of Regulation (EC)
(Language of the case to be determined pursuant to Article 131(2)                                           No 40/94.
of the Rules of Procedure — language in which the application was
                          submitted: German)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the                       Action brought on 17 December 2003 by AMS Advanced
Court of First Instance of the European Communities on                        Medical Services against the Office for Harmonisation in
15 December 2003 by Marmara Import-Export GmbH, Düssel-                         the Internal Market (Trade Marks and Designs) (OHIM)
dorf (Germany), represented by G. Rother and A. von
Arnswaldt, lawyers. Marmara Zeytin Tarim Satis Kooperatifleri
Birligi, Bursa (Turkey), was also a party to the proceedings                                           (Case T-425/03)
before the Board of Appeal.
                                                                                                        (2004/C 71/58)
The applicant claims that the Court should:                                   (Language of the case to be determined pursuant to Article 131(2)
                                                                              of the Rules of Procedure — language in which the application was
—     annul the decision of the First Board of Appeal of the                                          submitted: German)
      Office for Harmonisation in the Internal Market (Trade
      Marks and Designs) of 1 October 2003 (R 515/2002-1);
—     reject the opposition of the other party to the proceedings             An action against the Office for Harmonisation in the Internal
      before the Board of Appeal;                                             Market (Trade Marks and Designs) was brought before the
                                                                              Court of First Instance of the European Communities on
                                                                              17 December 2003 by AMS Advanced Medical Services,
—     stay proceedings until a decision has been given on the                 Mannheim (Germany), represented by G. Lindhofer, lawyer.
      application for a declaration of invalidity;                            American Medical Systems, Inc., Minnetonka (United States of
                                                                              America), was also a party to the proceedings before the Board
—     order the defendant Office to pay the costs.                            of Appeal.