ddrg/super_eurlex huggingface dataset:
Order of the Court of First Instance (Fifth Chamber) of 22 November 2007 – Investire Partecipazioni v Commission

(Case T-102/06)

Action for annulment – ERDF – Reduction of financial assistance – Lack of direct concern – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 44, 47-49, 52-54)

Re:

APPLICATION for annulment of Commission Decision C (2005) 4683 of 25 November 2005, concerning a reduction of the assistance granted by the European Regional Development Fund (ERDF) pursuant to Decision C (97) 2199, of 27 July 1997, approving assistance from the ERDF for measures provided for in the Objective 2 Single Programming Document for the period 1997-1999 concerning the region of Piedmont (Italy).

Operative part

The Court:

1. Dismisses the application as inadmissible;
Order of the Court of First Instance (Sixth Chamber) of 20 October 2009 – Lebard v Commission

(Case T-89/06)

Action for annulment – No legal interest in bringing proceedings – Inadmissibility

1. Actions for annulment – Interest in bringing proceedings – Natural or legal persons – Action capable of securing a benefit for the applicant (Art. 230 EC) (see paras 35-40)

2. Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Action for compensation for damage caused by a Community institution (Statute of the Court of Justice, Arts 21 and 53, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 47-51)

Re:

APPLICATION for, inter alia, annulment of the decisions of the Commission rejecting, first, the request for a review as to whether the company Aventis had complied with the commitments entered into in connection with the Commission’s decision of 9 August 1999 in Case IV/M.1378 – Hoechst/Rhône-Poulenc, and, second, application for withdrawal of the Commission’s decision of 13 July 1999 in Case IV/M.1517 – Rhodia/Donau Chemie/Albright & Wilson.

Operative part

1. The action is dismissed as inadmissible.

2. Mr Daniel Lebard is ordered to bear his own costs and pay those incurred by the Commission of the European Communities.
Order of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Município de Gondomar v Commission

(Case T-324/06)

Action for annulment – Cohesion Fund – Regulation (EC) No 1164/94 – Cancellation of financial assistance – Lack of direct effect – Admissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC; Council Regulation No 1164/94, Art. 12(1)(h); Commission Regulation No 1831/94, Arts 5(2) and (7)) (see paras 37-52)

Re:

APPLICATION for annulment of Commission Decision C(2006) 3782 of 16 August 2006 on the cancellation of the financial assistance granted by the Cohesion Fund for Project No 95/10/61/017 – Redevelopment of Grande Porto Sul – Subsistema de Gondomar.

Operative part

The Court:

1. Dismisses the action as inadmissible;
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 17-19)

2. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 38-39)

Subject of the case

Re:

APPLICATION for suspension of the operation of Commission Decision C(2007) 1295 final of 26 March 2007, concerning the national allocation plan for 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

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Weighing-up of all the interests at stake (Arts 225(1) EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 33-35)

2. Applications for interim measures – Interim measures – Application that the Commission be ordered to adopt in relation to a third party, not party to the proceedings, measures outside its competence – Inadmissibility (Art. 243 EC; Council Regulation No 1/2003, Arts 8, 9 and 23(2)(b) and (c); Commission Regulation No 773/2004, Art. 8) (see paras 50-54)

3. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Rules of Procedure of the Court of First Instance, Arts 44(1)(d) and 104(3)) (see paras 56-58)

4. Applications for interim measures – Interim measures – Conditions for granting – Interest of the applicant in obtaining the measure sought (Art. 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see para. 59)

Subject of the case

Re:

APPLICATION for interim measures requesting, first, an order requiring the Commission to prohibit Manufacture Française des Pneumatiques Michelin, on pain of a penalty, from using in any way or for any purpose whatsoever the information contained in the non-confidential version of the statement of objections of 6 April 2006 adopted in proceedings under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/F/38.638 – Butadiene Rubber (BR) and Emulsion Styrene Butadiene Rubber (ESBR)) which was forwarded to that company as a result of the Commission’s decision COMP/F2/D (2006) 1095 of 6 November 2006 and, secondly, an order that the Commission forward to Manufacture Française des Pneumatiques Michelin a copy of the order to be given and, lastly, such other or further measures as the President of the Court may deem necessary.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-18)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 30-34)

3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (see paras 40-46)

4. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (sees paras 53-63)

5. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 88-91, 94, 98)

Subject of the case

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/628/EC of 19 September 2007 concerning the non-inclusion of methomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 40), until delivery of the judgment in the main proceedings.

Operative part

Operative part

The Court:

1. Dismisses the application for interim measures;

2. Reserves the costs.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 32-39)

Subject of the case

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

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Lafarge Cement S.A. to bear its own costs and pay those incurred by the Commission
Keywords

Subject of the case

Operative part



Keywords

European Parliament – Verification of members’ credentials – Decision dismissing a challenge to the election of a Member of the European Parliament (Act concerning election of the representatives of the Parliament by direct universal suffrage, Art. 12) (see paras 43-44)

2. Actions for annulment – Pleas in law – Submissions founded on the incompatibility with Community law of national provisions (Art. 230 EC) (see para. 45)

3. Community law – Direct effect – Individual rights – Safeguarding by national courts (Art. 10 EC) (see para. 49)

Subject of the case

Re:

ACTION for annulment of the decision of the European Parliament of 28 April 2005 rejecting as unfounded the applicant’s challenge relating to the election of Andreas Mölzer as a Member of the European Parliament, submitted in accordance with the provisions of Article 12 of the Act of 20 September 1976 concerning the election of the representatives of the Parliament by direct universal suffrage.

Operative part

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Mr Hans Kronberger to pay the costs, including those incurred in the interim proceedings.
Keywords

Subject of the case

Operative part



Keywords

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 21, 27, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 30-33, 38-40)

Subject of the case

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

Operative part

The Court:

1. Dismisses the action as inadmissible;

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

Subject of the case

Operative part



Keywords

Application for interim measures

–

Suspension of operation of a measure

–

Conditions for granting

–

Prima facie case

–

Urgency

–

Balancing of all the interests involved

–

Suspension of operation of a regulation concerning the prevention, control and eradication of certain transmissible spongiform encephalopathies

–

Lawfulness (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2); Commission Regulation No 746/2008) (see paras 120, 124-126

)

Subject of the case

Re:

APPLICATION for suspension of the operation of Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2008 L 202, p. 11), in so far as it introduces, into Chapter A of Annex VII point 2.3(b)(iii), point 2.3(d) and point 4.

Operative part

Operative part

The Court:

1. Suspends the Annex to Commission Regulation (EC) No 746/2008 of 17 June 2008 amending Annexe VII to Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies until judgment has been given in the main action in so far as it introduces, into Chapter A of Annex VII to Regulation (EC) No 999/2001 of 22 May 2001 point 2.3(b)(iii), point 2.3(d) and point 4;

2. Reserves the costs.
Order of the President of the Court of First Instance of 13 September 2007 – Berliner Institut für Vergleichende Sozialforschung v Commission

(Case T-292/07 R)

Interim measures – Failure to bring proceedings – Inadmissibility

Applications for interim measures – Suspension of operation – Conditions governing admissibility – Action brought against the measure of which suspension of operation sought (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), first para.) (see para. 2)

Re:

APPLICATION to suspend the operation of the debit notes bearing the numbers 3240905385, 3240905379, 3240905378 and 3240905393 issued by the Commission in connection with the contracts JAI/DAP/2000/338-C, JAI/2001/DAP/161/C, JAI/2002/DAP/094-W and JAI/2003/DAP/080-W.

Operative part

1. The application is inadmissible.
Keywords

Subject of the case

Operative part



Keywords

Procedure – Intervention – Extent of the intervener’s procedural rights linked to the date on which the application to intervene was made (Rules of Procedure of the General Court, Art. 116(6)) (see para. 51)

2. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision closing a procedure on aid – Undertaking competing with the undertaking in receipt of the aid – Right to bring an action – Conditions (Arts 88(2) EC and 230, fourth para., EC) (see paras 88-90, 92-93, 95, 98)

Subject of the case

Re:

APPLICATION for annulment in part of Commission Decision 2006/951/EC of 12 October 2006 on the United Kingdom’s application of the tax on non-domestic property to telecommunications infrastructure in the United Kingdom (No C 4/2005 (ex NN 57/2004, ex CP 26/2004)) (OJ 2006 L 383, p. 70).

Operative part

Operative part

1. The application is dismissed as inadmissible.

2. Vtesse Networks Ltd is ordered to bear its own costs and pay the costs of the European Commission.

3. The United Kingdom of Great Britain and Northern Ireland, AboveNet Communications UK Ltd, Gamma Telecom Ltd, VTL (UK) Ltd and British Telecommunications plc are ordered to bear their own costs.
Order of the President of the Court of First Instance of 14 March 2008 – Du Pont de Nemours (France) and Others v Commission

(Case T-467/07 R)

Application for interim relief – Directive 91/414/EEC – Application for suspension of operation of a measure – Admissibility – No urgency

1. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Cumulative nature – Balancing of all the interests involved – Discretion of the judge dealing with the application for interim relief (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 16-18)

2. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 30-34)

3. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (see paras 40-46)

4. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Commission Decision concerning the withdrawal of authorisations for plant protection products containing methomyl (Art. 230, fourth para., EC; Commission Decision 2007/628) (sees paras 53-63)

5. Applications for interim measures – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Financial loss (Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 88-91, 94, 98)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/628/EC of 19 September 2007 concerning the non-inclusion of methomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 255, p. 40), until delivery of the judgment in the main proceedings.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the President of the Court of First Instance of 11 December 2007 –

FMC Chemical and Others v Commission

(Case T-349/07 R)

Application for interim relief – Directive 91/414/EEC – Application for suspension of operation of a measure – Admissibility – No urgency

1. Applications for interim measures – Conditions of admissibility – Prima facie admissibility of the main action (Arts 230 EC, 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/415) (see paras 46-47, 49, 60-61, 65)

2. Applications for interim measures – Conditions of admissibility – Application – Formal requirements (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and (3)) (see paras 66-67)

3. Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 98-101, 103, 114)

Re:

APPLICATION for suspension of the operation of Commission Decision 2007/415/EC of 13 June 2007, concerning the non-inclusion of carbosulfan in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2007 L 156, p. 28) pending the full resolution of the dispute in the main proceedings.

Operative part

The Court:

1. Dismisses the application for interim measures;
Order of the Court of First Instance (Second Chamber) of 23 September 2008 – Dyckerhoff Polska v Commission

(Case T-196/07)

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

1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria (Art. 230, fourth para., EC; European Parliament and Council Directive No 2003/87, Arts 9(1) and (3) and 11(2)) (see paras 22, 28, 44-45)

2. Environment – Atmospheric pollution – Directive 2003/87 – National allocation plan for the allocation of greenhouse gas emission allowances (NAP) – NAP notification procedure (Arts 175 EC and 176 EC; European Parliament and Council Directive No 2003/87, Arts 9(3) and 11(1) and (2)) (see paras 32-39)

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

The Court:

1. Dismisses the action as inadmissible;
ORDER OF THE COURT OF FIRST INSTANCE (Appeal Chamber)

10 June 2008

Case T-127/07 P

Francesco Bligny

v

Commission of the European Communities

(Appeal – Civil service – Open competition – Conditions governing admission – Not admitted at the stage of correction of the written test – Competition notice – Incomplete application – Proof of citizenship – Appeal manifestly unfounded)

Appeal: against the order of the European Union Civil Service Tribunal (Second Chamber) of 15 February 2007 in Joined Cases F‑142/06 and F‑142/06 AJ Bligny v Commission [2007] ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that order set aside.

Held: The appeal is dismissed. Francesco Bligny is to bear his own costs and those incurred by the Commission.

Summary

1. Officials – Principles – Protection of legitimate expectations

2. Officials – Competitions – Conditions for admission

(Staff Regulations, Annex III, Arts 2 and 5)

1. The concept of excusable error which arises in the case-law on time-limits for appeals applies by analogy in relation to the mandatory time-limits for the submission of an act or document to the administration itself. That concept, pursuant to the principles of legal certainty and the protection of legitimate expectations, can concern only exceptional circumstances in which, in particular, the conduct of the administration, out of which the party’s error arose, has been, either alone or to a decisive extent, such as to give rise to a pardonable confusion in the mind of a party acting in good faith and exercising all the diligence required of a normally experienced person.

(see paras 40-41)

See: T‑12/90 Bayer v Commission [1991] ECR II‑219, para. 29

2. An application for a competition to join the European civil service, which clearly and unequivocally states that candidates must include proof of citizenship for the application to be valid, is not such as to mislead a candidate acting in good faith and exercising all the diligence required of a normally experienced person, who could not reasonably conclude that his application might be acceptable without such proof, even if the application document fails to refer to the provisions of the competition notice making this a requirement.

(see paras 44-46)