CELEX: C2001/161/41
Language: en
Date: 2001-06-02 00:00:00
Title: Order of the President of the Court of First Instance of 1 February 2001 in Case T-350/00 R: Free Trade Foods NV v Commission of the European Communities (Interlocutory proceedings — Safeguard measures — Sugar sector products with EC/OCT cumulation of origin — Urgency)

C 161/18               EN                     Official Journal of the European Communities                                           2.6.2001
      ORDER OF THE COURT OF FIRST INSTANCE                                     ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                 of 12 March 2001
                         of 6 March 2001                                 in Case T-298/00: Michel Hendrickx v Centre européen
                                                                         pour le développement de la formation professionnelle
                                                                                                     (Cedefop) (1)
in Case T-187/00: Gödecke AG v Office for Harmonisation                  (Officials — Action which has become devoid of purpose —
in the Internal Market (Trade Marks and Designs)
                                                                                               No need to adjudicate)
                            (OHIM) (1)
                                                                                                  (2001/C 161/40)
(Community trade mark — Opposition — Withdrawal of                                           (Language of the case: French)
the application for a Community trade mark — No need to
                            adjudicate)
                                                                         In Case T-298/00: Michel Hendrickx, an official of the Council
                                                                         of the European Union, residing in Brussels, represented by
                                                                         J.-N. Louis, F. Parmentier and V. Peere, avocats, with an address
                         (2001/C 161/39)                                 for service in Luxembourg, against Centre européen pour le
                                                                         développement de la formation professionnelle (Cedefop)
                                                                         (Agent: B. Wägenbour) — application for annulment of the
                                                                         implied rejection of a claim for payment of a re-installation
                                                                         allowance — the Court of First Instance (Fifth Chamber),
                                                                         composed of P. Lindh, President, and R. Garcı́a-Valdecasas and
                  (Language of the case: English)                        J.D. Cooke, Judges; Registrar: H. Jung, has made an order on
                                                                         12 March 2001, the operative part of which is as follows:
                                                                         1.    There is no need to adjudicate on the present action;
In Case T-187/00: Gödecke AG, established in Freiburg im
Breisgau, Germany, represented by W. Schmid and A. Schaben-              2.    Cedefop shall bear its own costs and those incurred by the
berger, Rechtsanwälte, against Office for Harmonisation in the                 applicant.
Internal Market (Trade Marks and Designs) (OHIM) (Agents:
O. Montalto and J. Miranda de Sousa) intervener before the               (1) OJ C 335 of 25.11.00.
Court of First Instance: Teva Pharmaceutical Industries Ltd,
established in Jerusalem, (Israel), represented by G. Farrington,
Solicitor — appeal against the decision of the First Board of
Appeal of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) of 15 May 2000 (Case R 501/1999-
1), notified to the applicant on 17 May 2000, relating
to opposition proceedings between Gödecke AG and Teva                    ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Pharmaceutical Industries Ltd — the Court of First Instance                                           INSTANCE
(Fourth Chamber), composed of: P. Mengozzi, President, V. Tiili
and R.M. Moura Ramos, Judges; H. Jung, Registrar, has made
an order on 6 March 2001, the operative part of which is as                                     of 1 February 2001
follows:
                                                                         in Case T-350/00 R: Free Trade Foods NV v Commission
                                                                                          of the European Communities
1.   There is no need to adjudicate.
                                                                         (Interlocutory proceedings — Safeguard measures — Sugar
                                                                         sector products with EC/OCT cumulation of origin —
                                                                                                       Urgency)
2.   The parties are to bear their own costs.
                                                                                                  (2001/C 161/41)
(1) OJ C 302 of 21.10.00.                                                                    (Language of the case: Dutch)
                                                                         In Case T-350/00 R: Free Trade Foods NV, having its registered
                                                                         office in Curaçao (Netherlands Antilles), represented by M. Slot-
                                                                         boom and R.J. van Agteren, with an address for service in
                                                                         Luxembourg, against Commission of the European Communi-
                                                                         ties (Agents: T. van Rijn and C. Van der Hauwaert) —
 ---pagebreak--- 2.6.2001                EN                       Official Journal of the European Communities                                        C 161/19
application for suspension of operation of Commission Regu-                 Proprietor of an oppos-        Orsem Sarl, Neuilly sur Seine,
lation No 2081/2000 of 29 September 2000 introducing                        ing mark or of an oppos-       France
safeguard measures for imports from the overseas countries                  ing sign:
and territories of sugar sector products with EC/OCT cumu-
lation of origin (OJ 2000 L 246 of 30.9.2000, p. 64), or for                Opposing mark or sign:         The Danish mark PREDONIUM,
any other interim measure to protect the interests of the                                                  the Greek mark PREDONIUM, the
applicant — the President of the Court of First Instance, made                                             Swedish mark PREDONIUM and
an order on 1 February 2001, the operative part of which is as                                             the United Kingdom mark PRE-
follows:                                                                                                   DONIUM for goods in Class 5
1.    The application for interim relief is dismissed;                      Decision of the Oppo-          opposition upheld and appli-
                                                                            sition Division:               cation rejected
2.    The costs are reserved.
                                                                            Decision of the Board of       rejection of the applicant’s appeal
                                                                            Appeal:
                                                                            Grounds of claim:              infringement of Regulation (EC)
                                                                                                           No 40/94 on the Community
                                                                                                           trade mark (Article 8(1)(b)) — no
                                                                                                           likelihood of confusion
Action brought on 22 January 2001 by Lichtwer Phar-
ma AG against the Office for Harmonisation in the
         Internal Market (Trade Marks and Designs)
                           (Case T-10/01)
                          (2001/C 161/42)
(Language of the case: to be determined in accordance with                  Action brought on 1 March 2001 by P&O European
Article 131(2) of the Rules of Procedure — Language in which the            Ferries (Portsmouth) Limited against the Commission of
                   application is drafted: German)                                             the European Communities
An action against the Office for Harmonisation in the Internal                                        (Case T-49/01)
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
22 January 2001 by Lichtwer Pharma AG, Berlin (Germany),                                             (2001/C 161/43)
represented by Robert Kunz-Hallstein, Rechtsanwalt. The other
party to the proceedings before the Board of Appeal was
Orsem Sarl., Neuilly sur Seine (France).
                                                                                                (Language of the case: English)
The applicant claims that the Court should:
                                                                            An action against the Commission of the European Communi-
—     annul the decision adopted on 8 November 2000 by the                  ties was brought before the Court of First Instance of the
      Second Board of Appeal of the Office for Harmonisation                European Communities on 1 March 2001 by P&O European
      in the Internal Market (Trade Marks and Designs) in                   Ferries (Portsmouth) Limited, represented by Mark Clough QC
      appeal No R 586/1999-2;                                               and Julian Ellison, of Ashurst Morris Crisp.
—     order the defendant to pay the costs.
                                                                            The applicant claims that the Court should:
Pleas in law and main arguments
                                                                            —     declare, pursuant to Article 232 (ex 175) of the EC Treaty
                                                                                  that the Commission failed to fulfil its obligations under
Applicant for the Com-          Lichtwer Pharma AG                                the Treaty by failing to define its position on the
munity mark:                                                                      applicant’s complaint dated 29 February 2000 against
                                                                                  Brittany Ferries, and/or at least that part of the complaint
Trade mark applied for:         the oral mark ‘SEDONIUM’ —                        dealing with the period up to 1995 outside the scope of
                                application No 312 447 for goods                  the Case C-31/98 procedure, and in particular by failing
                                in Class 5 (including medicinal                   to initiate the procedure provided for under Article 88(2)
                                products)                                         (ex 93(2)) of the EC Treaty;