CELEX: C2003/289/52
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the President of the Court of First Instance of 1 August 2003 in Case T-378/02 R Technische Glaswerke Ilmenau GmbH v Commission of the European Communities (Proceedings for interim measures — State aid — Obligation to recover aid — Prima facie case — Urgency — Weighing up of interests — Exceptional circumstances — Provisional suspension)

C 289/24                EN                           Official Journal of the European Union                                          29.11.2003
3.    Reserves the costs, including those incurred by the intervener.        ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                           INSTANCE
                                                                                                       of 1 August 2003
                                                                             in Case T-378/02 R Technische Glaswerke Ilmenau GmbH
                                                                                     v Commission of the European Communities
                                                                             (Proceedings for interim measures — State aid — Obligation
      ORDER OF THE COURT OF FIRST INSTANCE                                   to recover aid — Prima facie case — Urgency — Weighing
                                                                             up of interests — Exceptional circumstances — Provisional
                                                                                                           suspension)
                       of 9 September 2003
                                                                                                        (2003/C 289/52)
in Case T-293/02: Éric Vranckx v Commission of the                                               (Language of the case: German)
                   European Communities (1)
(Open competition — Failure to award the minimum number                      In Case T-378/02 R: Technische Glaswerke Ilmenau GmbH,
of points required for the oral test — Omission from the                     established at Ilmenau, (Germany), represented by G. Schohe
reserve list — Reasons — Consistency between the complaint                   and C. Arhold, lawyers, with an address for service in
and the application — Application unfounded in part and
                                                                             Luxembourg, against Commission of the European Communi-
                        inadmissible in part)                                ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
                                                                             Schott Glas, established at Mainz (Germany), represented by
                                                                             U. Soltész, lawyer — application for suspension of the
                           (2003/C 289/51)                                   operation of Article 2 of Commission Decision C (2002) 2147
                                                                             final on State aid by Germany in favour of Technische
                                                                             Glaswerke Ilmenau GmbH, the President of the Court of First
                    (Language of the case: French)                           Instance has made an order on 1 August 2003 in which he:
                                                                             1.    Suspends the operation, until 31 October 2003, of Article 2
                                                                                   of Commission Decision C (2002) 2147 final on State aid
                                                                                   C 44/2001 granted by Germany in favour of Technische
In Case T-293/02: Éric Vranckx, a member of the temporary                          Glaswerke Ilmenau GmbH;
staff of the Commission of the European Communities,
residing in Brussels (Belgium), represented by J.-N. Louis,                  2.    Makes that suspension of operation subject to the following
É. Marchal and A. Coolen, lawyers, with an address for                             conditions: first, that before 30 September 2003 at the latest
service in Luxembourg, against Commission of the European                          the applicant should repay to the Thüringer Aufbaubank the
Communities (Agents: J. Currall and L. Lozano Palacios) —                          sum of EUR ... and within a week of making that repayment
application for annulment of the decision of the selection                         and by 7 October 2003 at the latest should lodge at the
board in competition COM/B/1/00 awarding the applicant a                           Registry of the Court of First Instance and at the Commission
mark lower than the minimum required and not entering him                          written proof of that repayment; second, that the first-priority
on the reserve list — the Court of First Instance (Third                           mortgage security granted to the Thüringer Aufbaubank over
Chamber), composed of K. Lenaerts, President, J. Azizi and                         the land on which the fourth furnace stands should be released
M. Jaeger, Judges; H. Jung, Registrar, made an order on                            and re-granted to the Bundesanstalt für Vereinigungsbedingte
9 September 2003, the operative part of which is as follows:                       Sonderaufgaben by 10 October 2003 at the latest, in order to
                                                                                   guarantee the latter’s right to repayment of the balance of the
                                                                                   sale price under asset deal 1; third, that by 10 October 2003
1.    The application is dismissed;                                                at the latest Mr Geiß should lodge security, similar to the
                                                                                   personal surety jointly and severally liable with the principal
                                                                                   debtor lodged on 3 March 1998 by him in respect of the
2.    The applicants shall bear their own costs.                                   repayment of the loan made by the Thüringer Aufbaubank, in
                                                                                   favour of the Bundesanstalt für Vereinigungsbedingte Son-
                                                                                   deraufgaben in respect of the balance of the sale price under
                                                                                   asset deal 1; fourth, that by 17 October 2003 at the latest
(1) OJ C 289 of 23.11.02.
                                                                                   written proof of the novation of the securities, required in
                                                                                   accordance with the second and third conditions set out above,
                                                                                   should be lodged at the Registry of the Court of First Instance
                                                                                   and at the Commission;
 ---pagebreak--- 29.11.2003              EN                         Official Journal of the European Union                                         C 289/25
3.    Reserves the costs.                                                  Th. Schulte-Beckhausen, lawyer. The additional party before
                                                                           the Board of Appeal was Conceria Toska S.R.L., Milan (Italy).
                                                                           The applicant claims that the Court should:
                                                                           —     annul the decision of the Second Board of Appeal of the
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                     defendant of 13 May 2003 (Case R 369/2002-2);
                             INSTANCE
                                                                           —     order the defendant to pay the costs.
                      of 16 September 2003
in Case T-272/03 R: Maria Dolores Fernández Gómez v
        Commission of the European Communities                             Pleas in law and main arguments
(Interim measures — Application for suspension of oper-
                    ation — Urgency — None)                                Applicant for Com-            Conceria Toska S.R.L.
                                                                           munity trade mark:
                          (2003/C 289/53)
                                                                           Community trade mark          Word mark TOSKA for goods
                                                                           sought:                       in Class 18 (including bags) —
                    (Language of the case: French)                                                       application No 743427
                                                                           Proprietor of mark or         Applicant
In Case T-272/03 R: Maria Dolores Fernández Gómez, residing                sign cited in the oppo-
in Brussels (Belgium), represented by J. Iturriagagoititia and             sition:
K. Delvolvé, lawyers, against Commission of the European
Communities (Agents: J. Currall, F. Clotuche-Duvieusart and                Mark or sign cited in         German word mark TOSCA for
H. Tserepa- Lacombe) — application for suspension of the                   opposition:                   perfumes (including ‘parfum’, ‘eau
operation of the Commission’s decision of 12 May 2003                                                    de toilette’, and ‘eau de parfum
rejecting the application to renew the applicant’s temporary                                             pour femmes’)
staff contract, the President made an order on 16 September
2003, the operative part of which is as follows:                           Decision of the Oppo-         Rejection of the opposition
                                                                           sition Division:
1.    The application for interim measures is dismissed.
                                                                           Decision of the Board of      Dismissal of the applicant’s appeal
2.    Costs are reserved.                                                  Appeal:
                                                                           Pleas in law:                 —    The opposition based on the
                                                                                                              mark with reputation is well
                                                                                                              founded       pursuant      to
                                                                                                              Article 8(1)(b) of Regulation
                                                                                                              (EC) No 40/94 (1).
Action brought on 18 July 2003 by Mülhens GmbH & Co.                                                     —    There is a likelihood of con-
KG against the Office for Harmonisation in the Internal                                                       fusion between the opposing
         Market (Trade marks and Designs) (OHIM)
                                                                                                              marks.
                           (Case T-263/03)                                                               —    There are certain similarities
                                                                                                              between the         opposing
                                                                                                              goods.
                          (2003/C 289/54)
                                                                                                         —    The earlier mark is a mark
(Language of the case to be determined pursuant to Article 131(2)                                             with reputation within the
of the Rules of Procedure — language in which the application was                                             meaning of Article 8(5) of
                          submitted: German)                                                                  Regulation (EC) No 40/94.
                                                                           (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
An action against the Office for Harmonisation in the Internal                 Community trade mark (OJ 1994 L 11, p. 1).
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 July 2003 by Mülhens GmbH & Co. KG, represented by