JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 April 2005

in Joined Cases T-380/02 and T-128/03: Success-Marketing Unternehmensberatungsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark - Application for restitutio in integrum - Conditions governing notification of decisions and communications by OHIM - Facsimile transmission)

(2005/C 155/26)

Language of the case: German

In Joined Cases T-380/02 and T-128/03 Success-Marketing Unternehmensberatungsgesellschaft mbH, established in Linz (Austria), represented by G. Secklehner and C. Ofner, avocats, with an address for service in Luxembourg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Agent: J. Weberndörfer and G. Schneider), the other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance in Case T-128/03, being Chipita International SA, established in Athens (Greece), represented by P. Hoffmann, avocat — actions for annulment brought, first, against the decision of the First Board of Appeal of OHIM of 26 September 2002 (Case R 26/2001-1) rejecting the application by the applicant for restitutio in integrum and, secondly, of the decision of 13 February 2003 and/or the decision of 13 March 2003 of the First Board of Appeal of OHIM (Case R 1124/2000-1) concerning opposition proceedings between Success-Marketing Unternehmensberatungsgesellschaft mbH and Chipita International SA, — the Court of First Instance (Fifth Chamber), composed of M. Vilaras, President, M. E. Martins Ribeiro and K. Jürimäe, Judges; I. Natsinas, Administrator, for the Registrar, gave a judgment on 19 April 2005, in which it:

(1)  OJ C 101 of 26.4.2003.