ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 233/17

Order of the Court of First Instance of 22 June 2009 — Timmer v Court of Auditors

(Case T-340/08 P) (1)

(Appeal - Staff cases - Officials - Staff reporting - New and substantial facts - Appeal manifestly inadmissible in part and manifestly unfounded in part)

2009/C 233/30

Language of the case: French

Parties

Appellant: Marianne Timmer (Saint-Sauves-d’Auvergne, France) (represented by: F. Rollinger, lawyer)

Other party to the proceedings: Court of Auditors of the European Communities (represented by: T. Kennedy, J.-M. Steiner and G. Corstens, acting as Agents)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 5 June 2008 in Case F-123/06 Timmer v Court of Auditors, not yet published in the ECR, and seeking annulment of that order.

Operative part of the order

1. The appeal is dismissed.

2. Ms Marianne Timmer is ordered to bear her own costs and to pay those of the Court of Auditors of the European Communities in the present proceedings.

(1) OJ C 285, 8.11.2008.
EN Official Journal of the European Union C 205/38

Order of the Court of First Instance of 30 June 2009 — Securvita v OHIM (Natur-Aktien-Index)

(Case T-285/08) (1)

(Community trade mark - Application for the Community word mark Natur-Aktien-Index - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Request for an amendment - Manifest inadmissibility)

2009/C 205/71

Language of the case: German

Parties

Applicant: Securvita — Gesellschaft zur Entwicklung alternativer Versicherungskonzepte mbH (Hamburg, Germany) (represented by: M. van Eendenburg, C. Uhlig and J. Nabert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 May 2008 (Case R 525/2007-4), concerning an application for the registration of the word sign Natur-Aktien-Index as a Community trade mark

Operative part of the judgment

The Court:

1. dismisses the action as manifestly inadmissible;

2. orders Securvita Gesellschaft zur Entwicklung alternativer Versicherungskonzepte mbH to pay the costs.

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 24/52

Order of the Court of First Instance of 24 November 2009 — Szomborg v Commission

(Case T-228/08) (1)

(Action for failure to act - Commission’s failure to present a scientific assessment within the prescribed period - Non-actionable measure - Not individually concerned - Inadmissibility)

2010/C 24/93

Language of the case: Polish

Parties

Applicant: Szomborg (Jastarnia, Poland) (represented by: R. Nowosielski, lawyer)

Defendant: Commission of the European Communities (represented by: K. Banks and A. Szmytkowska, Agents)

Re:

Action for failure to act, seeking a declaration that the Commission unlawfully failed to present within the prescribed period the scientific assessment provided for in Article 27 of Council Regulation (EC) No 2187/2005 of 21 December 2005 for the conservation of fishery resources through technical measures in the Baltic Sea, the Belts and the Sound, amending Regulation (EC) No 1434/98 and repealing Regulation (EC) No 88/98 (OJ 2005 L 349, p. 1)

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Grzegorz Szomborg shall bear his own costs and pay those incurred by the Commission of the European Communities.

(1) OJ C 209, 15.08.2008.
EN Official Journal of the European Union C 282/47

Order of the Court of First Instance of 5 October 2009 — Landesanstalt für Medien Nordrhein-Westfalen v Commission

(Case T-2/08) (1)

(Actions for annulment - State aid - Not individually concerned - Inadmissibility)

2009/C 282/90

Language of the case: German

Parties

Applicant: Landesanstalt für Medien Nordrhein-Westfalen (Düsseldorf, Germany) (represented by: A. Rosenfeld and G.-B. Lehr, lawyers)

Defendant: Commission of the European Communities (represented by: K. Gross and B. Martenczuk, Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)

Re:

Application for annulment of Commission Decision 2008/708/EC of 23 October 2007 on the State aid C 34/06 (ex N 29/05, ex CP 13/04) which the Federal Republic of Germany is planning to implement for the introduction of digital terrestrial television (DVB-T) in North Rhine-Westphalia (OJ 2008 L 236, p. 10).

Operative part of the order

1. The action is dismissed as inadmissible;

2. The Landesanstalt für Medien Nordrhein-Westfalen is ordered to bear its own costs and to pay those incurred by the Commission of the European Communities;

3. The Federal Republic of Germany is ordered to bear its own costs.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 179/57

Order of the General Court of 11 May 2010 — Polson and Others v Commission

(Case T-197/08) (1)

2010/C 179/99

Language of the case: English

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 209, 15.8.2008.
EN Official Journal of the European Union C 113/78

Order of the General Court of 2 March 2010 — Aldi v OHIM — Catalana de Telecomunicacions Societat Operadora de Xarxes (ALDI)

(Case T-298/08) (1)

2010/C 113/113

Language of the case: German

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) C 247, 27.9.2008.
EN Official Journal of the European Union C 55/34

Order of the General Court of 10 January 2011 — Coedo Suárez v Council

(Case T-3/08) (1)

2011/C 55/61

Language of the case: French

The President of the Eighth Chamber has ordered that the case be removed from the register.

(1) OJ C 64, 8.3.2008.
EN Official Journal of the European Union C 234/35

Order of the General Court of 14 July 2010 — Deutsche Post v Commission

(Case T-570/08) (1)

(Action for annulment - State aid - Information injunction - Non-actionable measure - Inadmissibility)

2010/C 234/63

Language of the case: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) (represented by: J. Sedemund and T. Lübbig, lawyers)

Defendant: European Commission (represented by: B. Martenczuk, Agent)

Re:

Application for the annulment of the decision contained in the Commission’s letter of 30 October 2008, requiring information to be provided in the proceedings relating to State aid to Deutsche Post AG (C 36/2007 (ex NN 25/2007)).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Deutsche Post AG shall pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 109/11

Order of the General Court of 14 February 2012 — Italy v Commission

(Case T-305/08) (1)

(Action for annulment - Regulation (EC) No 530/08 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - No need to adjudicate)

2012/C 109/23

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: F. Arena, avvocato dello Stato)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Application for annulment of Article 1 of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the order

1. There is no need to adjudicate on the present action.

2. The European Commission is ordered to pay the costs.

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 220/33

Order of the President of the Court of First Instance of 13 July 2009 — Sniace v Commission

(Case T-238/09 R)

(Application for interim measures - State aid - Decision declaring an aid to be incompatible with the common market and ordering its recovery - Application for suspension of operation - Failure to have regard to formal requirements - Inadmissibility)

2009/C 220/69

Language of the case: Spanish

Parties

Applicant: Sniace, SA (Madrid, Spain) (represented by: F.J. Moncholí Fernández, lawyer)

Defendant: Commission of the European Communities (represented by: C. Urraca Caviedes, acting as Agent)

Re:

Application for suspension of the operation of Commission Decision C(2009) 1479 final of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC of 28 October 1998

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 134/35

Order of the General Court of 24 March 2010 — Hansen v European Commission

(Case T-6/09) (1)

(Action for damages - Public health implications of the nuclear accident at Thule (Greenland) - Directive 96/29/Euratom - Commission’s failure to adopt measures against a Member State - Action manifestly lacking any foundation in law)

2010/C 134/60

Language of the case: English

Parties

Applicant: Bent Hansen (Aarslev, Denmark) (represented by: I. Anderson, lawyer)

Defendant: European Commission (represented by: E. White and M. Patakia, Agents)

Re:

Action for compensation for damage suffered as a result of the Commission’s alleged failure to adopt the measures necessary to ensure that the Kingdom of Denmark adopted the legislative and administrative provisions enabling it to comply with Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation (OJ 1996 L 159, p. 1) and applied those provisions to workers involved in the nuclear accident at Thule (Greenland).

Operative part of the order

The Court hereby:

1. Dismisses the action

2. Orders Mr Bent Hansen to pay the costs.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 51/48

Order of the General Court of 5 January 2010 — Shell Hellas v European Commission

(Case T-245/09) (1)

2010/C 51/87

Language of the case: French

The President of the Eighth Chamber has ordered that the case be removed from the register.

(1) OJ C 193, 15.8.2009.
EN Official Journal of the European Union C 274/23

Order of the General Court of 24 August 2010 — Grúas Abril Asistencia v Commission

(Case T-386/09) (1)

(Action for annulment - Competition - Rejection of complaint - Measure against which actions may not be brought by individuals - Inadmissibility)

2010/C 274/35

Language of the case: Spanish

Parties

Applicant: Grúas Abril Asistencia, SL (Alicante, Spain) (represented by: R.L. García García, lawyer)

Defendant: European Commission (represented by: F. Castillo de la Torre and F. Castilla Contreras, Agents)

Re:

Application for annulment of the Commission letter of 7 August 2009 informing the applicant that the facts on which it has lodged the complaint do not permit the conclusion that there is an infringement of Articles 81 EC, 82 EC and 86 EC and that no action will be taken regarding its complaint.

Operative part of the order

1. The application is dismissed.

2. Grúas Abril Asistencia, SL, shall pay the costs.

(1) OJ C 282, 21.11.2009.
EN Official Journal of the European Union C 209/38

Order of the General Court of 9 June 2010 — Hoelzer v OHIM (SAFELOAD)

(Case T-315/09) (1)

(Community trade mark - Application for the figurative Community trade mark SAFELOAD - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)

2010/C 209/58

Language of the case: German

Parties

Applicant: Oliver Hoelzer (Remscheid, Germany) (represented by: Rother, J. Vogtmeier, P. Mes, C. Graf von der Groeben, J. Bühling, A. Verhauwen, J. M. Künzel, D. Jestaedt and M. Bergermann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 June (Case R 1157/2008-4), concerning an application for registration of the figurative sign SAFELOAD as a Community trade mark

Operative part of the order

The Court:

1. Dismisses the application;

2. Orders Hoelzer to pay the costs.

(1) OJ C 267 of 7.11.2009
1.

The suspension of operation granted in paragraph 1 of the operative part of the order of the President of the Court of 28 April 2009 in Case T-95/09 R United Phosphorus v Commission (not published in the ECR) is extended until 31 December 2011 or until the date of adoption of the decision in the main proceedings at the latest, if that decision is adopted earlier.
EN Official Journal of the European Union C 328/30

Order of the General Court of 5 October 2010 — Provincie Groningen and Provincie Drenthe v Commission

(Case T-69/09) (1)

(Annulment action - ERDF - Decision reducing the financial assistance and ordering the partial repayment of the sums paid - Regional body - No direct concern - Inadmissibility)

2010/C 328/50

Language of the case: Dutch

Parties

Applicants: Provincie Groningen and Provincie Drenthe (Netherlands) (represented by: C. Dekker and E. Belhadj, lawyers)

Defendant: European Commission (represented by: A. Steiblytė and W. Roels, Agents)

Re:

Application for partial annulment of Commission Decision C(2008) 8355 of 11 December 2008 on the reduction of the aid from the European Regional Development Fund (ERDF) within the framework of the single programming document for the Groningen-Drenthe region coming under objective 2 — No 97.07.13.003 — granted in accordance with Commission Decision C(1997) 1362 of 26 May 1997.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Provincie Groningen and Provincie Drenthe are ordered to pay the costs.

(1) OJ C 90, 18.4.2009.
EN Official Journal of the European Union C 238/16

Order of the General Court of 21 June 2011 — Rosenbaum v Commission

(Case T-452/09 P) (1)

(Appeal - Civil service - Officials - Classification in grade at the time of recruitment - Taking account of the professional experience of the person concerned - Article 31 of the Staff Regulations - Obligation to state reasons)

2011/C 238/27

Language of the case: German

Parties

Appellant: Eckehard Rosenbaum (Berlin, Germany) (represented by: H.-J. Rüber, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and E. Eggers, Agents); and Council of the European Union (represented by: K. Zieléskiewicz and M. Bauer, Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) in Case F-9/08 Rosenbaum v Commission, judgment of 10 September 2009, not published in the ECR, asking for that judgment to be set aside.

Operative part of the order

The Court:

1. Dismisses the appeal.

2. Orders Mr Eckehard Rosenbaum to bear his own costs and to pay those incurred by the European Commission in the present proceedings.

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 152/19

Order of the General Court of 4 April 2011 — Marcuccio v Commission

(Case T-239/09 P) (1)

(Appeal - Civil service - Officials - Refusal by an institution to open an inquiry - Pre-litigation procedure - Action for damages - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2011/C 152/35

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis Kayser, agents, and A. dal Ferro, laywer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 31 March 2009 in Case F-146/07 Marcuccio v Commission, not yet published in the ECR, seeking annulment of that order.

Operative part of the order

1. The appeal is dismissed.

2. Mr Luigi Marcuccio shall bear his own costs and pay those incurred by the European Commission in the present proceedings.

(1) OJ C 193, 15.8.2009.
Official Journal of the European Union

Order of the General Court of 15 November 2011 — Galileo International Technology v OHIM — Residencias Universitarias (GALILEO)

(Case T-188/09) (1)

(Community trade mark - Opposition proceedings - Withdrawal of opposition - No need to adjudicate)

(2012/C 25/100)

Language of the case: English

Parties

Applicant: Galileo International Technology LLC (Bridgetown, Barbados) (represented by: M. Blair and K. Gilbert, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Residencias Universitarias, SA (Valencia, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 February 2009 (Case R 471/2005-4), concerning opposition proceedings between Residencias Universitarias, SA and Galileo International Technology, LLC.

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. The applicant shall bear its own costs and pay the costs incurred by the defendant.

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 319/20

Order of the General Court of 1 September 2011 — Elosta v Commission

(Case T-102/09) (1)

(Action for annulment - Period allowed for commencing proceedings - Out of time - No force majeure - No excusable error - Inadmissibility)

2011/C 319/41

Language of the case: English

Parties

Applicant: Abdelrazag Elosta (Pinner, Middlesex, United Kingdom) (represented by: E. Grieves and A. McMurdie, lawyers)

Defendant: European Commission (represented by: E. Paasivirta and M. Konstantinidis, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: R. Szostak, G. Étienne, M.-M. Josephides and E. Finnegan, Agents

Re:

Application for the annulment of Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (OJ 2002 L 345, p. 60), in so far as it concerns the applicant.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Abdelrazag Elosta is ordered to pay his own costs and those incurred by the European Commission.

3. The Council of the European Union is ordered to pay its own costs.

(1) OJ C 13, 15.1.2011.
EN Official Journal of the European Union C 26/68

Order of the General Court (First Chamber) of 3 December 2012 — JSK International Architekten und Ingenieure v ECB

(Case T-468/09) (1)

2013/C 26/134

Language of the case: German

The President of the First Chamber has ordered that the case be removed from the register.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 126/16

Order of the General Court of 28 February 2012 — Abdulrahim v Council and Commission

(Case T-127/09) (1)

(Common foreign and security policy - Restrictive measures directed against persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban - Regulation (EC) No 881/2002 - Removal of the interested party from the list of persons and entities concerned - Action for annulment - No need to adjudicate - Claim for damages - Causal link - None)

2012/C 126/32

Language of the case: English

Parties

Applicant: Abdulbasit Abdulrahim (London, United Kingdom) (represented by: initially J. Jones, Barrister, and M. Arani, Solicitor, and subsequently by E. Grieves, Barrister, and H. Miller, Solicitor)

Defendants: Council of the European Union (represented by: E. Finnegan and R. Szostak, acting as Agents); and European Commission (represented by: E. Paasivirta and G. Valero Jordana, acting as Agents)

Re:

Application for (i) partial annulment of Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin 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), as amended by Commission Regulation (EC) No 1330/2008 of 22 December 2008 amending for the 103rd time Regulation No 881/2002 (OJ 2008 L 345, p. 60), or of Regulation No 1330/2008; and (ii) compensation for the damage allegedly caused by those acts.

Operative part of the order

1. There is no longer any need to adjudicate on the application for annulment.

2. The claim for damages is dismissed.

3. The European Commission shall, in addition to bearing its own costs, pay those incurred by Mr Abdulbasit Abdulrahim up to 18 January 2011 in relation to the application for annulment and shall refund to the cashier of the General Court the sums advanced by way of legal aid in that regard.

4. Mr Abdulbasit Abdulrahim shall, in addition to bearing his own costs, pay in their entirety the costs incurred by the Council of the European Union in relation to the application for annulment, together with those incurred by the Commission after 18 January 2011 in that regard, and pay in their entirety the costs incurred by both of those institutions in relation to the claim for damages.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 392/26

Order of the General Court of 13 September 2017 — Germany v Commission

(Case T-97/09) (1)

((Action for annulment - ERDF - Reduction in financial aid - Failure to comply with the time limit for adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))

(2017/C 392/32)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented initially by: M. Lumma, C. Blaschke and T. Henze, and subsequently by: T. Henze and J. Möller, acting as Agents, and C. von Donat, lawyer)

Defendant: European Commission (represented by: B. Conte, A. Steiblytė and B.-R. Killmann, acting as Agents)

Interveners in support of the form of order sought by the applicant: Kingdom of Spain (represented initially by: J. Rodríguez Cárcamo, lawyer, and subsequently by: A. Rubio González, abogado del estado, and finally by: V. Ester Casas, acting as Agent), and Kingdom of the Netherlands (represented initially by: C. Wissels and Y. de Vries, and subsequently by: J. Langer and B. Koopman, acting as Agents)

Re:

Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994.

Operative part of the order

1. Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994 is annulled.

2. The European Commission shall bear its own costs and pay the costs incurred by the Federal Republic of Germany.

3. The Kingdom of Spain and the Kingdom of the Netherlands shall bear their own costs.

(1) OJ C 129, 6.6.2009.