Notice for the OJ

 

ORDER OF THE COURT OF FIRST INSTANCE

of 12 July 2005

in Case T-163/04: Michael Schäfer v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Opposition proceedings - Application for restitutio in integrum - Appeal before a Board of Appeal - Costs of proceedings - Apportionment)

(Language of the case: German)

In Case T-163/04: Michael Schäfer, residing in Bergisch-Gladbach (Germany), represented by I. Reese, lawyer, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance, being KoKa Verwaltung GmbH, established in Hamburg (Germany), represented by T.E. Lampel, lawyer - action against the decision of the Second Board of Appeal of OHIM of 12 December 2003 (Case R 93/2003-2) in so far as that decision orders that the costs of the proceedings before the Board of Appeal be apportioned ─ the Court of First Instance (Fourth Chamber), composed of H. Legal, President, P. Lindh and V. Vadapalas, Judges; H. Jung, Registrar, made an order on 12 July 2005, the operative part of which is as follows:

1.    The action is dismissed.

2.    The applicant shall pay the costs.

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¹ - OJ C 251 of 9.10.2004.