CELEX: C2003/044/58
Language: en
Date: 2003-02-22 00:00:00
Title: Order of the Court of First Instance of 27 November 2002 in Case T-291/01: Dessauer Versorgungs- und Verkehrsgesellschaft mbH and Others v Commission of the European Communities (Actions for failure to act — Action devoid of purpose — No need to give judgment — Payment of costs)

22.2.2003               EN                          Official Journal of the European Union                                              C 44/29
       ORDER OF THE COURT OF FIRST INSTANCE                                        ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                   of 18 November 2002
                      of 4 November 2002
                                                                            in Case T-190/99 DEP: Sniace SA v Commission of the
                                                                                                European Communities (1)
in Case T-90/99: Salzgitter AG v Commission of the                                                    (Taxation of costs)
                    European Communities ( 1)
                                                                                                        (2003/C 44/57)
                                                                                                (Language of the case: Spanish)
(ECSC — State aid — Decision to initiate the procedure
provided for in Article 6(5) of Decision 2496/96/ECSC —
                      No need to adjudicate)
                                                                            In Case T-190/99 DEP: Sniace SA, established in Madrid,
                                                                            represented by J.L. Baró Fuentes, M.A. Gómez de Liaño y
                                                                            Botella and F. Rodriguez Carretero, Lawyers, against Com-
                          (2003/C 44/56)                                    mission of the European Communities (Agents: G. Rozet and
                                                                            J.L. Buendia Sierra) — application for taxation of the costs to
                                                                            be paid by the defendant to the applicant following the order
                                                                            of the President of the Fifth Chamber, Enlarged Composition,
                   (Language of the case: German)                           of the Court of First Instance of 4 April 2001 in Case T-190/
                                                                            99 Sniace v Commission — the Court of First Instance (Fifth
                                                                            Chamber), composed of M.R. García-Valdecasas, President,
                                                                            and P. Lindh. R.M. Moura Ramos, J.D. Cooke and H. Legal,
                                                                            Judges; H. Jung, Registrar, has made an order on 18 November
                                                                            2002, in which it:
In Case T-90/99: Salzgitter AG, established in Salzgitter                   Fixes the total costs to be paid by the Commission to the applicant in
(Germany), represented by J. Sedemund, lawyer, with an                      Case T-199/99 at EUR 14 300.
address for service in Luxembourg, against Commission of
the European Communities (Agents: D. Triantafyllou and
P. Nemitz) — application for the annulment of Commission                    (1 ) OJ C 333 of 20.11.1999.
Decision SG (99) D/1542 of 3 March 1999 to initiate the
procedure provided for under Article 6(5) of Commission
Decision No 2496/96/ECSC of 18 December 1996 establishing
Community rules for State aid to the steel industry (OJ 1996
L 338, p. 42) with regard to aid under the German Zonal
Border Development Areas Act to Salzgitter AG, Preussag
Stahl AG and iron and steel subsidiaries of the ‘SAG — Stahl                       ORDER OF THE COURT OF FIRST INSTANCE
und Technologie’ Group (OJ 1999 C 113, p. 9) — the Court
of First Instance (Fourth Chamber, Extended Composition),                                          of 27 November 2002
composed of V. Tiili, President, J. Pirrung, P. Mengozzi,
A.W.H. Meij and M. Vilaras, Judges; H. Jung, Registrar, made
an order on 4 November 2002, the operative part of which is                 in Case T-291/01: Dessauer Versorgungs- und Verkehrsge-
as follows:                                                                 sellschaft mbH and Others v Commission of the European
                                                                                                       Communities ( 1)
                                                                            (Actions for failure to act — Action devoid of purpose — No
1.    There is no longer any need to adjudicate on the application.                    need to give judgment — Payment of costs)
                                                                                                        (2003/C 44/58)
2.    Each of the parties will bear its own costs.
                                                                                                (Language of the case: German)
( 1) OJ C 174 of 19.6.1999.
                                                                            In Case T-291/01: Dessauer Versorgungs- und Verkehrsge-
                                                                            sellschaft mbH, a company established in Dessau, Germany,
                                                                            Neubrandenburger Stadtwerke GmbH, established in Neu-
                                                                            brandenburg, Germany, Stadtwerke Tübingen GmbH, estab-
                                                                            lished in Tübingen, Germany, Stadtwerke Uelzen GmbH,
 ---pagebreak--- C 44/30                  EN                         Official Journal of the European Union                                         22.2.2003
established in Uelzen, Germany, represented by D. Fouquet,                  Action brought on 18 November 2002 by Duarte y
Lawyer, against Commission of the European Communities                      Beltrán S.A. against the Office for Harmonisation in the
(Agents: V. Kreuschitz and J.L. Buendia Sierra) — application                                   Internal Market (OHIM)
for a declaration that the Commission unlawfully failed to
examine non-notified aid granted by the Federal Republic of
Germany to nuclear power station operators — the Court                                              (Case T-353/02)
of First Instance (First Chamber, Enlarged Composition),
composed of B. Vesterdorf, President, J. Azizi. R.M. Moura
Ramos, M. Jaeger and H. Legal, Judges; H. Jung, Registrar,
made an order on 27 November 2002, in which it:                                                      (2003/C 44/60)
1.     Held that there was no need to give judgment in the action;
                                                                            (Language of the case: to be determined in accordance with
                                                                            Article 131(2) of the Rules of Procedure — Application in Spanish)
2.     Ordered each party to bear its own costs.
( 1) OJ C 44 of 16.2.2002.
                                                                            An action against the Office for Harmonisation in the Internal
                                                                            Market was brought before the Court of First Instance of the
                                                                            European Communities on 18 November 2002 by Duarte y
                                                                            Beltrán S.A. of Santander (Spain), represented by Natalia Moya
                                                                            Fernández.
ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                              INSTANCE                                      The applicant claims that the Court should:
                        of 6 December 2002                                  —     annul the decision of 6 August 2002 of the Second Board
                                                                                  of Appeal of the Office for Harmonisation in the Internal
                                                                                  Market (OHIM) in Case R-407/2001 and the corrigendum
     in Case T-275/02 R: D v European Investment Bank                             of 16 September 2002 thereto;
(Procedure for interim relief — Extension of probationary                   —     reject Opposition B 35073 in its entirety;
period — Admissibility of the main action — Urgency —
                                 None)
                                                                            —     uphold the claims of the applicant and direct the relevant
                                                                                  Opposition Division of OHIM to proceed to register the
                           (2003/C 44/59)                                         mark in question;
                    (Language of the case: French)                          —     order the defendant to pay the costs.
In Case T-275/02 R: D, an agent of the European Investment
Bank, residing in Luxembourg, represented by J. Choucroun,                  Pleas in law and main arguments
Lawyer, with an address for service in Luxembourg, against
European Investment Bank (Agents: J.-P. Minnaert and P. Mou-
sel) — application for suspension of operation of the decisions
of the European Investment Bank first extending the applicant’s             Applicant for the Com-         Duarte y Beltrán S.A.
period of probation and second dismissing him — the                         munity trade mark:
President of the Court of First Instance has made an order on
6 December 2002, in which he:                                               Community trade mark           INTEA — application no 99 747
                                                                            applied for:                   for certain goods in classes 3, 16
                                                                                                           and 21
1.     Dismisses the application for interim measures;
2.     Orders that costs are reserved.                                      Proprietor of the trade        MIRATO S.p.A.
                                                                            mark or sign invoked in
                                                                            the opposition pro-
                                                                            cedure: