CELEX: C2003/101/65
Language: en
Date: 2003-04-26 00:00:00
Title: Order of the President of the Court of First Instance of 19 December 2002 in Case T-320/02 R: Monika Esch-Leonhardt and Others v European Central Bank (Proceedings for interim relief — Urgency — No urgency)

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