ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 301/36

Order of the Court of First Instance of 23 September 2008 — Gόrażdże Cement v Commission

(Case T-193/07) (1)

(Action for annulment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National allocation plan in respect of emission allowances for Poland for the period from 2008 to 2012 - Decision by the Commission not to raise objections subject to certain conditions - Competence of Member States in the individual allocation of emission allowances - Lack of direct concern - Inadmissibility)

(2008/C 301/60)

Language of the case: English

Parties

Applicant: Gόrażdże Cement S.A. (Chorula, Poland) (represented by: P. Muñiz, lawyer and R. Forbes, Solicitor)

Defendant: Commission of the European Communities (represented by: U. Wölker and D. Lawunmi, Agents)

Re:

APPLICATION for annulment of Commission Decision C(2007) 1295 final of 26 March 2007 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by the Republic of Poland for the period from 2008 to 2012 in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Gόrażdże Cement S.A. shall bear its own costs and pay those incurred by the Commission.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 55/26

Order of the Court of First Instance of 16 December 2008 — Italy v Parliament and Commission

(Case T-285/07) (1)

(Procedural step - Objection of inadmissibility - Partial inadmissibility of the action - Non-attributability of the contested measure to the Parliament)

(2009/C 55/49)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: I. Bruni, acting as Agent, assisted by P. Gentili, lawyer)

Defendants: European Parliament (represented by A. Lukošiūtė, R. Ignătescu and G. Mazzini, acting as Agents) and Commission of the European Communities (represented by: J. Currall and A. Aresu, acting as Agents)

Intervener in support of the applicant: Hellenic Republic (represented by: S. Vodina and M. Michelogiannaki, acting as Agents)

Re:

Annulment of the notice of open competition EPSO/AD/95/07 to constitute a reserve pool for 20 posts of Administrator (AD5) in the field of ‘Information Science (Library/Documentation)’, published in the Official Journal of the European Union of 8 May 2007 (OJ 2007 C 103 A, p. 7)

Operative part of the order

1. The action is dismissed as inadmissible in so far as it is directed against the Commission.

2. The Italian Republic shall pay the costs incurred by the Commission, in addition to bearing the costs which it has itself incurred in this action in so far as it is directed against the Commission.

(1) OJ C 116, 9.5.2008.
EN Official Journal of the European Union C 6/30

Order of the Court of First Instance of 3 November 2008 — Union nationale de l'apiculture française and Others v Commission

(Case T-403/07) (1)

(Action for annulment - Directive 91/414/EEC - Plant protection products - Directive 2007/52/EC - Not individually concerned - Inadmissibility)

(2009/C 6/62)

Language of the case: French

Parties

Applicants: Union nationale de l'apiculture française (Paris, France); Deutscher Berufs- und Erwerbsimkerbund eV (Utting am Ammersee, Germany); Unione nazionale associazioni apicoltori italiani (Unaapi) (Castel Sanpietro Terme, Italy); and Asociación Galega de Apicultura (AGA) (Santiago de Compostela, Spain) (represented by: B. Fau, lawyer)

Defendant: Commission of the European Communities (represented by: M. Nolin and B. Doherty, Agents)

Re:

Application for annulment of Commission Directive 2007/52/EC of 16 August 2007 amending Council Directive 91/414/EEC to include ethoprophos, pirimiphos-methyl and fipronil as active substances (OJ 2007 L 214, p. 3)

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no need to rule on the applications to intervene.

3. Union nationale de l'apiculture française, Deutscher Berufs- und Erwerbsimkerbund eV, Unione nazionale associazioni apicoltori italiani and Asociación Galega de Apicultura shall bear their own costs and pay the costs incurred by the Commission.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 267/64

Order of the Court of First Instance of 4 September 2009 — Pioneer Hi-Bred International v Commission

(Case T-139/07) (1)

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure by the Commission to submit draft measures to the regulatory committee - Action for failure to act - Action which becomes devoid of purpose in the course of proceedings - No need to adjudicate)

2009/C 267/115

Language of the case: English

Parties

Applicant: Pioneer Hi-Bred International, Inc. (Iowa, United States) (represented by: J. Temple Lang, Solicitor)

Defendant: Commission of the European Communities (represented initially by: D. Lawunmi and C. Zadra, and subsequently by P. Oliver and C. Zadra, acting as Agents)

Re:

Application for a declaration under Article 232 EC that, by failing to submit to the regulatory committee, in accordance with Article 5(2) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23), a draft of the measures to be taken with regard to the notification by the applicant relating to the placing on the market of genetically modified maize 1507, the Commission has failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).

Operative part of the order

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

2. The Commission of the European Communities shall bear its own costs and pay those incurred by Pioneer Hi-Bred International Inc.

(1) OJ C 155, 7.7.2007.
EN Official Journal of the European Union C 113/44

Order of the Court of First Instance of 19 March 2009 — FMC Chemical and Others v Commission

(Case T-349/07 and T-350/07) (1)

2009/C 113/89

Language of the case: English

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

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 246/39

Order of the General Court of 12 July 2010 — Bulgaria v Commission

(Case T-499/07) (1)

()

2010/C 246/67

Language of the case: Bulgarian

The President of the Seventh 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 100/39

Order of the General Court of 4 February 2010 — Crunch Fitness International v OHIM — ILG (CRUNCH)

(Case T-408/07) (1)

(Community trade mark - Revocation - Withdrawal of the request for revocation - No need to adjudicate)

2010/C 100/61

Language of the case: English

Parties

Applicant: Crunch Fitness International, Inc. (New York, New York, United States) (represented by: initially J. Barry, Solicitor, and subsequently H. Johnson, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: ILG Ltd (Dun Laoghaire, Ireland) (represented by: A. von Mühlendahl, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2007 (Case R 1168/2005-4) relating to revocation proceedings between ILG Ltd and Crunch Fitness International Inc.

Operative part of the order

1. There is no need to rule on the action.

2. The applicant and the intervener shall bear their own costs and shall each pay half of those incurred by the defendant.

(1) OJ C 8, of 12.1.2008.
EN Official Journal of the European Union C 174/22

Order of the General Court of 24 April 2012 — El Fatmi v Council

(Joined Cases T-76/07, T-362/07 and T-409/08) (1)

(Common foreign and security policy - Restrictive measures with a view to combating terrorism - Withdrawal from the list of persons concerned - Action for annulment - No need to adjudicate)

2012/C 174/35

Language of the case: Dutch

Parties

Applicant: Nouriddin El Fatmi (Vught, Netherlands) (represented by G. Pulles and A. M. van Eik (Cases T-76/07, T-362/07 and T-409/08), J. Pauw (Cases T-76/07 and T-362/07) and M. Uiterwaal (T-76/07), lawyers)

Defendant: Council of the European Union (represented initially by G. J. Van Hegelsom and E. Finnegan (T-76/07 and T-362/07), then by B. Driessen and E. Finnegan (T-76/07, T-362/07 and T-409/08), agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented initially by C. Wissels, M. de Mol and Y. de Vries, and by M. de Grave (Case T-76/07), then by C. Wissels, M. Bulterman and J. Langer, agents); and European Commission (represented by S. Boelaert and P. van Nuffel, and, initially, by J. Aquilina (Case T-76/07), agents

Re:

In essence, application for annulment of Council Decision 2006/1008/EC of 21 December 2006 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2006 L 379, p. 123), replaced successively by Council Decisions 2007/445/EC of 28 June 2007 (OJ 2007 L 169, p. 58), 2007/868/EC of 20 December 2007 (OJ 2007 L 340, p. 100), 2008/583/EC of 15 July 2008 (OJ 2008 L 188, p. 21), 2009/62/EC of 26 January 2009 (OJ 2009 L 23, p. 25), Council Regulation (EC) No 501/2009 of 15 June 2009 (OJ 2009 L 151, p. 14), Council Implementing Regulations (EU) No 1285/2009 of 22 December 2009 (OJ 2009 L 346, p. 39), (EU) No 610/2010 of 12 July 2010 (OJ 2010 L 178, p. 1), (EU) No 83/2011 of 31 January 2011 (OJ 2011 L 28, p. 14), and (EU) No 687/2011 of 18 July 2011 (OJ 2011 L 188, p. 2), in so far as the applicant is named in the list of persons, groups and entities subject to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (OJ 2001 L 344, p. 1).

Operative part of the order

The General Court orders:

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

2. The Council of the European Union shall pay the costs.

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

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 232/29

Order of the President of the General Court of 10 June 2011 — Eurallumina v Commission

(Case T-207/07 R)

(Application for interim measures - State aid - Decision declaring the aid incompatible with the common market and ordering its recovery - Application for suspension of operation - No urgency)

2011/C 232/52

Language of the case: English

Parties

Applicant: Eurallumina SpA (Portoscuso, Italy) (represented by: L. Martin Alegi and R. Denton, solicitors)

Defendant: European Commission (represented by: N. Khan and D. Grespan, Agents)

Re:

Application for suspension of operation of Commission Decision 2007/375/EC of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production in Gardanne, in the Shannon region and in Sardinia implemented by France, Ireland and Italy respectively (C 78/2001 (ex NN 22/01), C 79/2001 (ex NN 23/01), C 80/2001 (ex NN 26/01)) (OJ 2007 L 147, p. 29), in so far as it concerns the applicant.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 171/38

Order of the President of the Court of First Instance of 11 April 2008 — Cyprus v Commission

(Joined Cases T-54/08 R, T-87/08 R, T-88/08 R, T-91/08 R, T-92/08 R and T-93/08 R)

(Applications for interim relief - Procurement notices for contracts to encourage economic development in the northern part of Cyprus - Applications for suspension of operation of the notices - No urgency)

(2008/C 171/71)

Language of the case: Greek

Parties

Applicant: Republic of Cyprus (represented by: P. Kliridis, Agent)

Defendant: Commission of the European Communities (represented by: P. van Nuffel and I. Zervas, Agents)

Re:

Applications for suspension of the operation of a number of procurement notices issued by the Commission for the encouragement of economic development in the northern part of Cyprus, in the fields of energy, the environment, agriculture, telecommunications, education and crop management and irrigation.

Operative part of the order

1. Cases T-54/08 R, T-87/08 R, T-88/08 R, T-91/08 R, T-92/08 R and T 93/08 R are joined for the purposes of this order.

2. The applications for interim relief are dismissed.
EN Official Journal of the European Union C 327/28

Order of the President of the Court of First Instance of 15 October 2008 — Bank Melli Iran v Council

(Case T-390/08 R)

(Applications for interim measures - Regulation (EC) No 423/2007 - Restrictive measures against the Islamic Republic of Iran - Council decision - Measure to freeze funds and economic resources - Application for suspension of operation of a measure - No urgency - Absence of serious and irreparable damage)

(2008/C 327/53)

Language of the case: French

Parties

Applicant: Bank Melli Iran (Tehran, Iran) (represented by: L. Defalque, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop, E. Finnegan and R. Liudvinaviciute-Cordeiro, acting as Agents)

Re:

Application for suspension of the application of paragraph 4, section B, of the Annex to Council Decision 2008/475/EC of 23 June 2008 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2008 L 163, p. 29), in so far as Bank Melli Iran is included in the list of legal persons, entities and bodies whose funds and economic resources are frozen.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 223/59

Order of the Court of First Instance of 16 June 2008 — Cyprus v Commission

(Case T-92/08) (1)

(2008/C 223/108)

Language of the case: Greek

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

(1) OJ C 142, 7.6.2008.
EN Official Journal of the European Union C 69/38

Order of the Court of First Instance of 10 December 2008 — Canon Communications v OHIM — Messe Düsseldorf (MEDTEC)

(Case T-262/08) (1)

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

(2009/C 69/88)

Language of the case: English

Parties

Applicant: Canon Communications LLC (Los Angeles, United States) (represented by: M. Mak and E. Zietse, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Messe Düsseldorf GmbH (Düsseldorf, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 April 2008 (Case R 817/2005-1) concerning opposition proceedings between Messe Düsseldorf GmbH and Canon Communications LLC.

Operative part of the order

1. There is no need to rule on the action.

2. The applicant and the other party to the proceedings before the Board of Appeal of OHIM shall bear their own costs and shall each pay half of those incurred by the defendant.

(1) OJ C 223, 30.8.2008.
EN Official Journal of the European Union C 32/36

Order of the President of the Court of First Instance of 20 November 2008 — SIAE v Commission

(Case T-433/08 R)

(Application for interim measures - Commission decision ordering the cessation of a concerted practice in relation to the collective management of copyright - Application for suspension of operation of a measure - No urgency)

(2009/C 32/71)

Language of the case: Italian

Parties

Applicant: Società Italiana degli Autori ed Editori (SIAE) (Rome, Italy) (represented by: M. Siragusa, M. Mandel, L. Vullo and S. Valentino, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci and F. Castillo de la Torre, Agents)

Re:

Application for suspension of operation of Article 4(2) of Commission Decision C(2008) 3435 final of 16 July 2008 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/C2/38.698 — CISAC).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 167/11

Order of the Court of First Instance of 20 April 2009 — Murnauer Markenvertrieb v OHIM — Fitne Gesundheit und Wellness (Notfall Bonbons)

(Case T-372/08) (1)

(Community trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)

2009/C 167/22

Language of the case: German

Parties

Applicant: Murnauer Markenvertrieb GmbH (Trebur, Germany) (represented by: H. Daniel and O.I. Haleen, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Fitne Gesundheit und Wellness GmbH (Salzhemmendorf, Germany) (represented by: M. De Zorti, T. Grimm and M. Koch, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 July 2008 (Case R 909/2007-1) relating to invalidity proceedings between Murnauer Markenvertrieb GmbH and Fitne Gesundheit und Wellness GmbH.

Operative part of the order

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

2. Murnauer Markenvertrieb GmbH and Fitne Gesundheit und Wellness GmbH are ordered to pay their own costs, and half each of the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

(1) OJ C 313, 6.12.2008.
EN Official Journal of the European Union C 113/44

Order of the Court of First Instance of 24 March 2009 — Intel v Commission

(Case T-457/08) (1)

2009/C 113/92

Language of the case: English

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

(1) OJ C 301, 22.11.2008.
EN Official Journal of the European Union C 233/21

Order of the Court of First Instance of 30 June 2009 — Sahlstedt and Others v Commission

(Case T-129/08) (1)

2009/C 233/43

Language of the case: Finnish

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

(1) OJ C 128, 24.5.2008.
EN Official Journal of the European Union C 220/42

Order of the Court of First Instance of 14 July 2009 — Mepos Electronics v OHIM (MEPOS)

(Case T-297/08) (1)

2009/C 220/88

Language of the case: English

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

(1) OJ C 247, 27.9.2008.
EN Official Journal of the European Union C 37/38

Order of the General Court of 17 December 2009 — Nijs v Court of Auditors

(Case T-567/08 P) (1)

(Appeal - Civil service - Officials - Decision not to promote the applicant in the 2005 promotion year - Appeal partly inadmissible and partly unfounded)

2010/C 37/52

Language of the case: French

Parties

Appellant: Bart Nijs (Bereldange, Luxembourg) (represented by: F. Rollinger, lawyer)

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

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 October 2008 in Case F-49/06 Nijs v Court of Auditors, not yet published in the ECR, and seeking to have that judgment set aside.

Operative part of the order

The Court:

1. Dismisses the appeal;

2. Orders Mr Bart Nijs to bear his own costs and those incurred by the Court of Auditors of the European Union in the present proceedings.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 282/48

Order of the Court of First Instance of 30 September 2009 — Impala v Commission

(Case T-229/08) (1)

(Competition - Concentration - Sony BMG joint venture - Original decision annulled by the Court of First Instance - New decision declaring the concentration compatible with the common market - Action deprived of purpose - No need to adjudicate)

2009/C 282/93

Language of the case: English

Parties

Applicant: Independent Music Publishers and Labels Association (Impala, association internationale (Brussels, Belgium) (represented by: S. Crosby, J. Golding, Solicitors and I. Wekstein, lawyer)

Defendant: Commission of the European Communities (represented by: X. Lewis, F. Arbault and K. Mojzesowicz, Agents)

Interveners in support of the defendant: Sony Corporation of America, (New York, New York, United States), (represented by N. Levy, Barrister, R. Snelders and T. Graf, lawyers); and Bertelsmann AG (Gütersloh, Germany) (represented by P. Chappatte, J. Boyce and A. Lyle-Smythe, Solicitors)

Re:

Application for annulment of Commission Decision C (2007) 4507 of 3 October 2007 declaring compatible with the common market and the functioning of the EEA Agreement a concentration whereby the activities of Sony Corporation of America and Bertelsmann AG in the recorded music sector were combined into a joint venture (Case COMP/M.3333 — Sony/BMG), adopted following the annulment by the judgment delivered in Case T-464/04 Impala v Commission [2006] ECR II-2289 of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.3333 — Sony/BMG) (OJ 2005 L 62, p. 30).

Operative part of the order

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

2. Independent Music Publishers and Labels Association (Impala, association internationale) shall bear its own costs and those of the Commission of the European Communities.

3. Bertelsmann AG and Sony Corporation of America shall bear their own costs.

(1) OJ C 197, 2.8.2008.
EN Official Journal of the European Union C 195/18

Order of the General Court of 17 May 2010 — Volkswagen v OHIM — Deutsche BP (SunGasoline)

(Case T-502/08) (1)

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

2010/C 195/29

Language of the case: German

Parties

Applicant: Volkswagen AG (Wofsburg, Germany) (represented by: H.-P. Schrammek, C. S. Drzymalla and S. Risthaus, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Deutsche BP AG (Gelsenkirchen, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 September 2008 (Case R 513/2007-4), concerning opposition proceedings between Deutsche BP AG and Volkswagen AG

Operative part of the judgment

The Court:

1. Holds that there is no need to rule on the action;

2. Orders the applicant and the defendant to pay their own costs.

(1) OJ C 44, 21.2.2009.
EN Official Journal of the European Union C 134/50

Order of the General Court (Eighth Chamber) of 24 March 2010 — Ellinikos Niognomon v Commission

(Case T-312/08) (1)

2010/C 134/81

Language of the case: English

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

(1) OJ C 272, 25.10.2008.
EN Official Journal of the European Union C 139/29

Order of the General Court of 14 March 2011 — Global Digital Disc v Commission

(Case T-259/08) (1)

2011/C 139/54

Language of the case: German

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

(1) OJ C 272, 25.10.2008.