CELEX: C2004/071/75
Language: en
Date: 2004-03-20 00:00:00
Title: Removal from the register of Case T-89/02

20.3.2004             EN                          Official Journal of the European Union                                          C 71/43
Pleas in law:                 Infringement of articles 43 and             2001 (1). According to the applicant article 4 paragraph 2 of
                              15 of Regulation 40/94 (1).                 Regulation 1049/2001 does not justify a blanket exclusion of
                                                                          the Commission’s pleadings from the principle of open access
                                                                          to Community documents, nor does it give the Commission
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the           the right to refuse access to its pleadings merely because the
    Community trade mark (OJ 11, p. 1).                                   matter itself or related proceedings are still pending.
                                                                          (1) Regulation (EC) No 1049/2001 of the European Parliament and
                                                                              of the Council of 30 May 2001 regarding public access to
                                                                              European Parliament, Council and Commission documents,
                                                                              Official Journal L 145, 31/05/2001 P. 43-48.
Action brought on 2 February 2004 by Association de la
Presse Internationale a.s.b.l. (‘API’) against the Com-
            mission of the European Communities
                                                                                  Removal from the register of Case T-89/02 (1)
                         (Case T-36/04)
                                                                                                     (2004/C 71/75)
                         (2004/C 71/74)
                                                                                              (Language of the Case: English)
                  (Language of the case: English)
                                                                          By order of 25 November 2003 the President of the Fourth
                                                                          Chamber of the Court of First Instance of the European
An action against the Commission of the European Communi-                 Communities ordered the removal from the register of Case
ties was brought before the Court of First Instance of the                T-89/02: Check Point Softward Limited v Office for the
European Communities on 2 February 2004 by Association                    Harmonisation of the Internal Market (Trade Marks and
de la Presse Internationale a.s.b.l. (‘API’), Brussels, Belguim,          Design) (OHIM).
represented by Mr S. Völcker, Mr F. Louis and Mr J. Heithecker,
lawyers.
                                                                          (1) OJ C 156 of 29.6.2002.
The applicant claims that the Court should:
—     Annul Commission Decision D(2003) 30621 of 20 Nov-
      ember 2003 in its entirety and;
—     Order the Commission to bear the costs.
                                                                                 Removal from the register of Case T-307/02 (1)
                                                                                                     (2004/C 71/76)
Pleas in law and main arguments
                                                                                             (Language of the Case: German)
The applicant is a non-profit organisation of foreign journalists
based in Belgium, aiming to assist its members in reporting
back to their home countries about the European Union. It                 By order of 19 November 2003 the President of the Second
applied to the Commission for access to all the submissions               Chamber of the Court of First Instance of the European
made by the Commission in the course of certain proceedings               Communities ordered the removal from the register of Case
before the European Court of Justice and the European Court               T-307/02: Altana Pharma AG v Office for the Harmonisation
of First Instance. Such access was denied by the contested                of the Internal Market (Trade Marks and Design) (OHIM).
decision.
                                                                          (1) OJ C 305 of 7.12.2002.
In support of its application the applicant invokes an infringe-
ment of Articles 2 and 4, paragraph 2, of Regulation 1049/